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ADMINISTRATION 


MILITARY  LAW 


BY 

CAPT.  W.  H.  WALDRON 

29th  infantry 


Reprinted  from 
"NIGHT  OPERATIONS" 
Infantry   Journal 

January,  February, 
March  and  April,  1917 


WASHINGTON 
United  States  Infantry  Association 

1917 


Night  Operations 


A  Department  devoted  to  the  interest  of  newly-commissioned  Infantry  officers, 
officers  of  the  Infantry  Officers'  Reserve  Corps  and  candidates  for  commission. 

Conducted  by  Capt.  W.  H.  Waldron,  29th  Infantry 

Administration 


Q.  What  is  Military  Rank? 

A.  Military  rank  is  that  character  or  quality  Q. 
bestowed  on  military  persons  which 
marks  their  station,  and  confers  eligi-  A. 
bility  to  exercise  command  or  authority 
in  the  military  service  within  the  limits 
prescribed  by  law.  It  is  divided  into 
degrees  or  grades,  which  mark  the  rela- 
tive positions  and  powers  of  the  differ- 
ent classes  of  persons  possessing  it.  (7)'      Q. 

Q.  What  determines  the  order  of  precedence 

of  oiHcers  in  the  military  service?  A, 

A.  In  each  grade  or  sub-grade,  the  date  of 
commission,  appointment  or  warrant  de- 
termines the  order  of  precedence.  (9) 

Q.  Command  exercised  is  by  virtue  of  what? 

A.  By  virtue  of  office  and  the  special  assign- 
ment of  officers  holding  military  rank, 
w^ho  are  eligible  by  law  to  exercise 
command.   (13) 

Q.  May  an  ofUcer  place  himself  on  duty  by      Q. 
virtue  of  his  commission  alone? 

A.  No  officer  may  place  himself  on  duty  A, 
without  orders  from  competent  author- 
ity except  when  it  may  be  necessary 
to  exercise  the  functions  of  his  office  to 
quell  quarrels,  frays  and  disorders 
among  troops  (old  24th  Article  of 
War)  ;  or,  when  upon  marches,  guards, 
or  in  quarters,  different  corps  of  the 
army  happen  to  join  or  do  duty  to- 
gether, when  the  highest  ranking  officer 
of  the  line  of  the  army  present  assumes  C-- 
command of  the  whole  (old  122d  Arti- 
cle of  War).  (13) 

O.  What  arc  the  appropriate  commands  for      A. 
officers  of  the  several  grades? 

A.  1.  For  a  captain,  a  company. 

2.  For  a  major,  a  battalion. 

3.  For  a  colonel,  a  regiment. 

4.  For  a  brigadier-general,  a  brigade. 

*  Numbers    refer    to    paragraphs    in    Army 
Regulations. 


5.  For  a  major-general,  a  division.  (14) 

Wliat  is  the  status  of  an  officer  who  suc- 
ceeds another  to  any  command  or  duty? 

He  assumes  the  exact  status  of  his  prede- 
cessor. He  will  receive  all  the  orders 
in  force  at  the  time ;  receive,  receipt  for 
and  assume  responsibility  and  accounta- 
bility for  all  property  and  funds  per- 
taining to  his  command  or  duty.     (17) 

May  an  officer  of  the  Staff  Departments 
co)nmand  troops? 

An  officer  of  the  Staff  Departments, 
whether  he  be  one  of  the  permanent 
officers  or  one  detailed  for  duty  therein, 
is  eligible,  by  virtue  of  his  commission, 
to  command  all  enlisted  men,  but  he 
cannot  assume  command  of  troops  un- 
less placed  on  duty  under  orders  which 
specifically  direct  that  it  is  done  by 
authority  of  the  President.     (18) 

Before  whom  may  an  officer  of  the  Army 
take  his  oath  of  office? 

1.  Before  any  officer  who  is  authorized 
by  the  laws  of  the  United  States  or  by 
local  municipal  law  to  administer  oaths  : 
Notary  Public,  Justice  of  the  Peace, 
Clerks  of  Courts,  etc. 

2.  A  Department  Judge  Advocate. 

3.  The  Judge  Advocate  of  a  General  or 
Special  Court  Martial. 

4.  The  trial  officer  of  a  Summary 
Court.     (23) 

What  qualiffcations  must  a  civilian  possess 
for  appointment  as  Second  Lieutenant 
in  the  Army? 

1.  He  must  be  unmarried. 

2.  He  must  be  between  the  ages  of  21  and 
27  years. 

3.  He  must  be  approved  as  to  moral  char- 
acter, habits,  mental  and  physical  abil- 
ity, education  and  general  fitness  for  the 
service. 

4.  He  must  pass  the  physical  examination 
required  of  recruits  for  admission  to  the 


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Jo  /  O i  i 


2 


Night   Operations 


Regular  Army,  and  the  mental  examina- 
tion prescribed  in  general  orders  issued 
from  the  War  Department  covering  the 
subject. 

5.  No  person  will  be  examined  by  a  board 
of  officers  unless  he  has  a  letter  from 
the  War  Department  authorizing  such 
examination. 

6.  If  the  candidate  has  graduated  from  an 
institution  where  he  received  military 
instruction,  he  must  present  a  diploma 
or  a  recommendation  from  the  faculty 
of  the  institution. 

7.  If  the  candidate  is  a  member  of  the 
Organized  Militia,  he  must  present 
recommendations  from  the  proper 
authorities  thereof.  (34-35) 

Q.  What  do  you  understand  by  the  "  Manchu 
Law"? 

A.  The  "  Manchu  Law "  provides  that  no 
officer  of  the  line  of  the  Army  may  be 
detached  from  duty  with  troops  for 
more  than  four  years  out  of  six ;  that  is, 
all  officers  of  the  line  of  the  Army  must 
serve  with  troops  for  at  least  two  years 
out  of  every  six  years.     (40) 

Q.  What  are  the  regulations  governing  the 
granting  of  leaves  of  absence  to  officers 
of  the  Army? 

A.  1.  Post  commanders  and  officers  having  a 
similar  status  may  grant  leaves  for  one 
month. 

2.  Commanders  of  territorial  departments, 
tactical  divisions  and  separate  brigades 
may  grant  leaves  for  four  months,  or 
extend  for  that  period  leaves  granted 
by  their  subordinate  commanders. 

3.  Chiefs  of  bureaus  may  grant  leaves  of 
four  months  to  officers  of  their  respec- 
tive corps  serving  under  their  immediate 
direction,  or  extend  to  that  period  those 
already  granted  to   such  officers. 

4.  Leaves  of  absence  for  three  months 
from  date  of  graduation  are  allowed 
graduates  of  the  Military  Academy. 

5.  Leaves  of  absence  will  not  be  granted 
so  that  a  company  will  be  left  without 
a  commissioned  officer,  or  a  post  with- 
out two  commissioned  officers  and  com- 
petent medical  attendance. 

6.  Leaves  will  not  be  granted  during  the 
period  of  active  military  operations  ex- 
cept in  cases  of  urgent  necessity. 

7.  Except  under  extraordinary  circum- 
stances an  officer  will  not  be  granted 
a  leave  exceeding  ten  days  until  after 


he  has  joined  and  served  with  his  organ- 
ization for  at  least  two  years. 

8.  A  sick  leave  of  absence  is  granted  only 
on  the  recommendation  of  a  medical 
officer,  after  a  thorough  examination  of 
the  officer  and  a  report  completely  cov- 
ering the  case  in  question.  Sick  leaves 
do  not  count  against  an  officer's  leave 
privileges. 

9.  Leaves  are  granted  in  periods  of  months 
and  days  as  "  one  month  " ;  "  one  month 
and  ten  days,"  etc. 

10.  A  leave  commences  on  the  day  follow- 
ing that  on  which  the  officer  departs 
from  his  station.  The  day  of  departure 
is  counted  as  a  day  of  duty  and  the  day 
of  return  as  a  day  of  absence. 

11.  Officers  on  leave  of  absence  are  not 
allowed  to  go  beyond  the  sea  without 
the  special  permission  of  the  authority 
granting  the  leave,  or  permission  from 
higher  authority. 

12.  Permission  to  hunt  is  not  counted 
against  an  officer's  leave  period,  pro- 
vided he  submits  a  report  containing  a 
full  description  of  the  country  traversed 
while  hunting. 

13.  By  custom  of  the  service  the  leave  year 
extends  from  July  1st  to  the  succeeding 
June  30th.  An  officer  is  entitled  to 
thirty  days'  leave  a  year.  This  leave 
period  may  be  allowed  to  accumulate 
for  a  period  of  four  years. 

14.  All  correspondence  relating  to  leaves, 
their  extension  and  application  for  de- 
lays, is  required  to  pass  through  the 
prescribed  miHtary  channels. 

15.  Verbal  permits  for  an  absence  of  less 
than  24  hours  are  not  counted  as  leaves 
and  are  not  noted  against  an  officer  on 
the  rolls  and  returns.   (49  to  66) 

Q.  What  action  is  required  of  an  oMcer  when 
he  takes  advantage  of  a  leave  of  absence 
granted  to  him? 

A.  He  writes  letters  to  (a)  His  post  or  regi- 
mental commander;  (b)  the  authority 
granting  the  leave  when  the  latter  is 
other  than  the  post  or  regimental  com- 
mander; (c)  to  the  Adjutant-General 
of  the  Army,  War  Department,  Wash- 
ington, D.  C. ;  containing  the  following 
information: 

1.  The  date  of  departure  on  leave. 

2.  Tlie  address  where  correspondence 
will  reach  him. 


Night   Operations 


The  body  of  this  letter  would  read  as 
follows : 

1.  I  have  this   16th  day  of  October, 

1916,  taken  advantage  of  leave 
of  absence  for  one  month  and 
twenty  days  granted  by  para- 
graph 18,  Special  Orders  No. 
224,  c.  s.  (current  series)  East- 
ern Department. 

2.  My  address  during  the  period  of 

this  leave  will  be 

S43-142d  Street, 
New  York  City, 
John  Doe. 
Any  change  in  the  address  will  be  re- 
ported promptly  to  the  same  authori- 
ties.    On  return  to  duty  a  letter  will 
be  addressed  to  the  same  authorities 
informing    them    of    such    return   to 
duty.     (64) 
Q,  What  action  is  taken  by  an  oMcer  when 

he  reports  to  a  station  for  duty? 
A.  1.  He  puts  on  his  uniform  and  side-arms. 

2.  Proceeds  to  the  office  of  the  adjutant, 
introduces  himself  and  indicates  his  de- 
sire to  report  to  the  Commanding 
Officer. 

3.  When  informed  by  the  Adjutant  that 
the  commanding  officer  will  receive  him, 
he  places  himself  in  front  of  the  com- 
manding officer,  facing  him,  stands  at 
attention,  salutes  and  reports : 

Sir,  First  Lieutenant  John  Doe,  such- 
and-such  organization,  reports  for 
duty. 

4.  At  this  time  Lieutenant  Doe  presents 
a  copy  of  the  order  directing  him  to 
report  for  duty.  On  the  face  of  the 
order  he  will  have  previously  noted  the 
date  and  place  of  its  receipt.  (Received 
Oct.  16th,  1916— New  York  City.) 

5.  The  Commanding  Officer  will  return  the 
salute,  probably  shake  hands  with  him 
and  welcome  him  to  the  regiment. 

6.  The  remainder  of  the  ceremony  is 
rather  in  the  nature  of  a  social  call, 
during  which  time  Lieutenant  Doe  will 
receive  instructions  regarding  quarters, 
messing,  etc.     (68) 

Q.  What  action  is  taken  when  an  oMcer  has 
apparently  taken  undue  time  in  report- 
ing for  duty  after  the  receipt  of  an 
order f 

A.  If  he  shall  appear  to  have  made  unneces- 
sary delay  en  route,  he  will  be  required 
to  explain  the  cause  thereof  in  writing. 


If  the  commanding  officer  deem  the  ex- 
planation unsatisfactory,  he  will  for- 
ward the  same,  with  a  statement  of  the 
facts  in  the  case,  to  the  department 
commander.     (68) 

Q.  How  are  delays  in  reporting  for  duty  and 
from  leave  regarded? 

A.  When  such  delays  are  duly  authorized, 
they  are  regarded  as  leaves  of  absence. 
(70) 

Q.  When  orders  directing  the  travel  of  offi- 
cers contemplate  the  payment  of  viile- 
agc,  what  points  must  they  specify? 

A.  1.  They     must     state     the     specific     duty 
enjoined. 
2.  They     must     state     that     "the     travel 
directed  is  necessary  in  the  military  ser- 
vice."    (71) 

Q.  When  officers  are  summoned  before  a  civil 
court  as  witnesses,  what  action  is  taken 
zfith  respect  to  their  transportation? 

A.  1.  They  receive  necessary  expenses  in- 
curred in  travel  and  attendance  from 
the  civil  authorities.  Mileage  or  travel 
allowances  will  not  be  paid  by  the  War 
Department. 
2.  If  absolutely  necessary  transportation 
in  kind  may  be  furnished  by  the  Quar- 
termaster and  the  account  forwarded 
to  the  War  Department  for  presentation 
to  the  Department  of  Justice  for  pay- 
ment.    (75) 

Q.  What  rules  govern  the  retirement  of  an 
officer  of  the  Army? 

A.  1.  When  an  ofiicer  reaches  the  age  of  64 
years  he  is  retired  by  operation  of  law. 

2.  When  he  reaches  the  age  of  62  years 
he  may  be  retired  by  order  of  the 
President. 

3.  He  may  be  retired  on  his  own  request 
after  having  completed  more  than  30 
years'    service. 

4.  He  may  be  retired  at  any  time  on 
account  of  disability  or  incapacity  to 
perform  the  duties  of  his  grade.  (76 
to   78) 

Q.  What  rules  govern  the  resignation  of  an 
officer  of  the  Army? 

A.  1.  The  resignation  tendered  by  an  officer 
will  be  forwarded  by  his  commanding 
officer,  through  military  channels,  to  the 
War  Department  for  the  consideration 
of  the  President.  Until  the  resignation 
is  duly  accepted  the  officer  will  not  be 
considered  out  of  the  service. 
2.  A  resignation  tendered  under  charges 


Night   Operations 


will  be  forwarded,  accompanied  by  a 
report  in  the  case  and,  if  practicable, 
by  a  copy  of  the  charges. 
3.  Leave  of  absence  will  not  be  granted  on 
tender  of  resignation  unless  the  resig- 
nation is  unconditional  and  immediate. 
(79  to  82) 

Q.  May  an  o-fficer  on  the  active  list  of  the 
Army  hold  a  civil  oiHce? 

A.  An  officer  of  the  Army  on  the  active  list 
who  accepts  or  exercises  the  functions 
of  a  civil  office  contrary  to  law,  thereby 
ceases  to  be  an  officer  of  the  Army.  An 
officer  on  the  active  list  cannot  lawfully 
accept  or  hold  asay  office  created  by 
State  or  municipal  authority,  whether  in 
State  military  organizations  or  other- 
wise.    (82) 

Q.  What  report  is  made  on  the  death  of  an 
oMcer  of  the  Army? 

A.  1.  The  place,  cause,  day  and  hour  will 
be  reported  witliout  delay  by  telegraph, 
by  the  immediate  commanding  officer, 
to  the  Adjutant-General  of  the  Army, 
to  the  brigade  commander,  to  the  Coast 
artillery  district  commander,  and  to  the 
Department  commander. 
2.  If  the  officer  is  on  the  active  list  of  the 
Army  the  report  will  show  whether  or 
not  his  death  was  from  wounds  or  dis- 
ease contracted  in  line  of  duty,  or  con- 
tracted as  the  result  of  his  own  mis- 
conduct.    (83) 

Q.  What  action  is  taken  with  respect  to  the 
public  property  and  funds  for  which  a 
deceased  oMcer  was  accountable  or 
responsible? 

A.  1.  On  the  death  of  an  officer  in  charge  of 
public  property  or  funds,  his  command- 
ing officer  will  appoint  a  board  of  offi- 
cers, three  when  practicable,  which  will 
inventory  the  same  and  make  the  cus- 
tomary returns  therefor,  stating  accu- 
rately the  amounts  and  condition. 

2.  These  the  commanding  officer  will  for- 
ward to  the  chiefs  of  bureaus  to  which 
the  property  or  funds  pertain,  and  he 
will  designate  an  officer  to  take  charge 
of  such  property  or  funds  until  orders 
are  received  from  the  proper  authority. 

3.  Cash  on  hand  may  be  invoiced  by  the 
board  to  the  deceased  officer's  succes- 
sor, but  balances  to  his  credit  with  the 
treasurer,  an  assistant  treasurer,  or  a 
designated  depositary,  or  a  fiscal  agent 
of  the  United  States,  over  and  above  his 


outstanding  checks,  will  be  deposited  to 
the  credit  of  the  Treasurer  of  the  United 
States  by  the  chiefs  of  bureaus  when 
the  board  has  reported  to  the  bureaus 
the  balances  over  and  above  such 
checks.     (86) 

Q.  What  is  the  personnel  of  the  Post  Non- 
commissioned Staff  of  the  Army? 

A.  1.  Ordnance  Sergeants. 

2.  Quartermaster  Sergeants,  Quartermas- 
ter Corps.     (98) 

Q.  By  whom  are  members  of  the  Post  Non- 
commissioned Staff  appointed? 

A.  They  are  appointed  by  the  Secretary  of 
War.     (98) 

Q.  What  qualifications  must  an  enlisted  man 
possess  for  appointment  to  the  Post 
Noncommissioned  Staff? 

A.  1.  Ordnance  Sergeants.  From  sergeants 
of  the  line  who  have  served  at  least 
eight  years  in  the  Army,  including  four 
years  as  noncommissioned  officers,  and 
who  are  less  than  45  years  of  age. 

2.  Quartermaster  Sergeants,  Quartermas- 
ter Corps.  From  competent  noncom- 
missioned officers  of  the  Army  who 
have  served  therein  at  least  five  years, 
three  years  of  such  service  having  been 
rendered  as  noncommissioned  officers, 
and  whose  character  and  education  shall 
fit  them  to  take  charge  of  public  prop- 
erty, and  to  act  as  clerks  and  assistants 
to  the  proper  officers  of  the  Army  in 
charge  of  public  property. 

3.  Each  class  of  these  noncommissioned 
officers  is  required  to  pass  a  physical 
and  mental  examination  prior  to 
appointment.     (98) 

Q.  When  an  enlisted  man  is  detached  from 
his  company,  what  document  accom- 
panies him? 
A.  A  Descriptive  List  will  be  prepared  and 
forwarded  to  his  new  commanding 
officer.  (104) 
Q.  Is  the  Descriptive  List  ordinarily  intrusted 

to  the  soldier? 
A.  No.    When  it  can  be  avoided  the  Descrip- 
tive List  will  not  be  intrusted  to  the 
soldier  but  to  an  officer  or  noncommis- 
sioned  officer  under  whose  charge  he 
may  be,  or  it  may  be  forwarded  by  mail 
so  as  to  arrive  at  the  soldier's  destina- 
tion at  or  prior  to  the  time  he  is  sched- 
uled to  arrive.     (94) 
Note. — At  this  point  it  is  considered  ad- 
visable to   explain  the  normal  procedure  in 


Night   Operations 


transforming  a  man  from  his  status  of  citizen 
to  that  of  a  soldier  in  the  Army  of  the  United 
States  and  to  outHne  the  administrative  feat- 
ures of  such  transformation. 

Any  male  citizen  of  the  United  States  or 
any  person  who  has  legally  declared  his  inten- 
tion to  become  a  citizen,  if  above  the  age  of 
21  and  under  the  age  of  35  years,  ablebodied, 
free  from  disease,  of  good  character  and  tem- 
perate habits,  may  be  accepted  for  enlistment 
in  the  Army. 

The  citizen  applies  to  the  recruiting  officer 
at  any  one  of  the  numerous  recruiting  stations 
distributed  throughout  the  country,  for  en- 
listment. After  ascertaining  that  he  fulfills 
the  requirements  as  set  forth  in  the  preced- 
ing paragraph,  the  nature  of  the  service  and 
terms  of  enlistment  are  fully  explained, 
any  questions  that  he  may  bring  up  are 
answered,  and  before  the  enlistment  blanks 
are  filled  in,  the  recruiting  officer  will  read 
to  him  and  offer  for  his  signature  the 
"  Declaration  of  Applicant "  to  enlist  in  the 
Army  of  the  United  States,  as  follows : 
Declaration  of  Applicant. 

I,  desiring  to  enlist  in  the  Army 

of  the  United  States  for  the  term  of  seven 
yearsi,  do  declare  that  I  have  neither  wife 
nor  child ;  that  I  am  of  the  legal  age  to  enlist 
and  believe  myself  to  be  physically  qualified 
to  perform  the  duties  of  an  ablebodied  sol- 
dier ;  and  I  do  further  declare  that  I  am 
of  good  habits  and  character  in  all  respects 
and  have  never  been  discharged  from  the 
United  States  service  (Army  or  Navy)  or 
any  other  service  on  account  of  disability  or 
through  sentence  of  either  a  civil  or  military 
court,  nor  discharged  from  any  service,  civil 
or  military,  except  with  good  character,  and 
for  the  reasons  given  by  me  to  the  recruiting 
officer  prior  to  this  enlistment.  (Signed  and 
witnessed.) 

After  this  declaration  has  been  signed  the 
recruiting  officer  conducts  a  physical  exam- 
ination of  the  applicant  sufficient  in  scope  to 
detect  any  radical  defects  that  would  dis- 
qualify him  for  active  service. 

Having  passed  the  physical  examination  the 
applicant  is  forwarded  to  one  of  the  general 
Recruit  Depots,  of  which  one  is  located  at 
€ach  of  the  following  points :  Fort  Slocum, 
N.  Y. ;  Columbia  Barracks,  Ohio ;  Jefferson 
Barracks,  Mo. ;  Fort  Logan,  Colo. ;  and 
Angel   Island,  Cal. 

Before  leaving  the  recruiting  station  the 
applicant's   descriptive  and  assignment  card 


(generally  known  and  referred  to  throughout 
the  service  as  the  "D  and  A  Card")  is  be- 
gun. This  card  follows  the  recruit  through- 
out his  service  until  he  joins  his  regular 
organization  (Company,  troop  or  battel^), 
when  it  is  disposed  of  as  will  be  explained 
later. 

Within  a  reasonable  time  after  arrival  at 
the  recruit  depot  the  applicant  is  given  a 
critical  physical  examination  by  a  Medical 
Officer  of  the  Army,  which,  if  he  passes 
satisfactorily,  is  followed  by  his  being  sworn 
into  the  service  of  the  United  States ;  the 
making  of  his  identification  record,  consist- 
ing of  a  front  view  and  profile  photograph 
and  a  minute  description  of  all  permanent  or 
indelible  marks  on  his  body.  If  necessary 
he  is  then  vaccinated  against  small-pox  and 
the  first  injection  of  the  typhoid  prophylaxis 
is  administered.  His  D  and  A  Card  is  then 
completed  down  to  the  line  "  vaccinated  "  on 
the  front  of  the  card. 

The  recruit  is  retained  at  the  depot  for 
a  variable  length  of  time,  where  he  is  given 
such  elementary  instruction  as  is  practicable 
in  the  time  available,  and  is  then  forwarded 
to  a  regular  organization.  At  this  time  his 
D  and  A  Card  is  completed  to  include  the 
signature  of  the  Adjutant  on  the  back  and 
the  card  accompanies  the  recruit  to  his  regi- 
ment where  it  is  turned  over  to  his  command- 
ing officer. 

The  man  is  assigned  to  a  company  and  the 
commanding  officer  completes  the  D  and  A 
Card,  showing  the  company  to  which  as- 
signed, and  forwards  the  original  card  to  the 
Adjutant-General  of  the  Army. 

The  Commanding  officer  causes  a  true  copy 
of  the  D  and  A  Card  to  be  prepared,  which 
lie  furnishes  to  the  company  commander  of 
the  company  to  which  the  recruit  has  been 
assigned.  The  recruit  has  now  joined  his 
regular  organization  and  will  thereafter  be 
borne  on  the  rolls  and  returns  thereof. 

When  a  soldier  is  assigned  to  an  organ- 
ization the  commanding  officer  of  the 
organization  opens  a  Descriptive  List  (com- 
monly known  in  the  Army  as  a  D.  L.)  in  his 
case.  The  data  shown  on  the  D  and  A  Card 
being  used  wherever  applicable. 

The  D.  L.  contains  a  complete  record  of 
the  soldier's  service  and  his  accounts  with  the 
government.    In  it  are  entered : 

1.  His  name,  rank  and  organization. 

2.  Name  and  address  of  the  person  to  be 
notified  in  case  of  emergency. 


6 


Night   Operations 


3.  Date  and  place  of  enlistment. 

4.  Place  of  birth  and  age  at  enlistment. 

5.  Description,  etc.,  as  shown  on  D  and 
A  Card. 

6.  A  record  of  his  previous  military  service. 

7.  A  record  of  his  present  service. 

8.  Record  of  foUovi^ing  facts:  Date  of  ap- 
pointment and  grade  to  v^hich  appointed  in 
case  of  noncommissioned  officer ;  marksman- 
ship or  gunnery;  furloughs  granted;  battles 
participated  in ;  record  of  Medal  of  Honor  or 
Certificate  of  Merit  that  has  been  granted; 
date  of  vaccination,  with  result;  date  of 
completion  of  typhoid  prophylaxis. 

9.  A  complete  record  of  convictions  by 
court  martial. 

10.  The  number  of  the  enlistment  period  in 
which  the  soldier  is  serving. 

11.  A  record  of  allotments  made  by  the 
soldier  and  the  date  to  which  same  have 
been  paid. 

12.  Record  of  the  soldier's  deposits,  show- 
ing date  of  deposit,  amount  deposited  and 
name  of  paymaster  with  whom  deposit  was 
made. 

13.  Complete  statement  of  the  soldier's 
clothing  account  with  the  Government,  show- 
ing date  of  each  issue  of  clothing,  the  money 
value  of  same  and  signature  of  soldier  and 
witnessing  officer;  statement  showing  the 
clothing  settlements  that  have  been  made 
between  the  soldier  and  government  during 
the  continuance  of  the  Descriptive  List. 

14.  Any  additional  remarks  pertaining  to 
the  soldier's  service  and  accounts. 

15.  When  the  soldier  is  separated  from  his 
company  for  any  reason  whatsoever  his  de- 
scriptive list  will  be  completed  up  to  the  date 
of  such  separation  by  the  entering  of  proper 
notations  under  the  headings  marked  with  a 
star  on  the  Descriptive  List  blank.  These 
notations  include: 

(o)  Excellence  in  horsemanship. 
(&)   Physical  condition  at  date  of  separa- 
tion from  the  company. 

(c)  Character. 

(d)  Character  of  Service.     (Honest  and 

faithful  or  otherwise.) 

(e)  Date  to  which  soldier  was  last  paid 

and  name  of  paymaster  making  the 

payment. 
(/)  Amount  of  money  due  the  soldier  or 

due  the  United  States  on  account 

of  clothing. 
(g)  Any   money   due   the   soldier    other 

than  pay. 


(h)  Any  money  due  the  United   States 
to  be  stopped  against  the  soldier's 
pay  on  the  next  rolls  upon  which 
his  name  appears, 
(i)  Under  remarks,  a  statement  showing 
the  reason  for  completing  the  De- 
scriptive List. 
16.  The  Descriptive  List  thus  completed  is 
retained  as  a  part  of  the  company  records 
and  in  case  of  transfer,  or  when  the  soldier 
does  not  completely  sever  his  connection  with 
the    military    service,    a    copy   of    the    same, 
signed  by  the  company  commander,  is   for- 
warded  to   the   new   commanding  officer   of 
the  soldier. 

Q.  What  is  a  furlough  f 

A.  A  furlough  is  a  permit  in  writing,  author- 
izing a  soldier  to  be  absent  from  duty 
for  a  definite  period  of  time  specified 
therein  and  authorizing  him  to  go  to 
a  definite  place.     (106) 
Q.  Who  may  grant  furloughs  to  soldiers? 
A.  Any  commanding  officer.     (106) 
Q.  For   what  periods  are   the  several  com- 
manding   officers   authorised    to   grant 
furloughs? 
A.  1.  Territorial     Department    commanders, 
Brigade,  district  and  post  commanders, 
and  chief  of  the  War  Department  bu- 
reaus, for  three  months. 

2.  General  Hospital,  general  supply  de- 
pot, mine  planter  and  regimental  com- 
manders for  one  month. 

3.  A  furlough  for  a  period  exceeding 
three  months  will  not  be  granted  except 
by  the  War  Department,  and  then  only 
under  the  most  unusual  and  urgent  cir- 
cumstances.    (106) 

Q.  What  general  rules  govern  the  granting 
of  furloughs  to   enlisted  men  and   the 
limitations  placed  on  them? 
A.  A  furlough  will  not  be  granted  to  an  en- 
listed man  about  to  be  discharged. 

Not  more  than  five  per  cent  of  a  com- 
mand may  be  on  furlough  at  the  same 
time. 

An  enlisted  man  on  furlough  will  not 
leave  the  United  States  to  go  beyond 
the  sea  unless  the  furlough  includes 
permission  to   do   so. 

The  limits  prescribed  will  be  stated  in  the 
furlough,  and  if  exceeded  may  be  re- 
voked and  the  soldier  arrested. 

Furloughs  granted  to  enlisted  men  serving 
beyond  the  continental  limits  of  the 
United  States,  for  the  purpose  of  re- 


Night    Operations 


turning  thereto,  will  take  effect  on  the 
date  they  reach  the  United  States. 
Soldiers  on   furlough  will  not  take  with 

them  their  arms  or  accoutrements. 
No  payments  will  be  made  to  soldiers  on 
furlough,    without   authority    from   the 
War  Department.   (106  to  111) 

Q.  IVhat  constitutes  the  offense  of  desertion 
on  the  part  of  a  soldier/ 

A.  Absenting  himself  without  leave  with  the 
intention  of  not  returning  to  the  mili- 
tary   service.     (116) 

Q.  After  what  period  of  absence  is  an  enlisted 
man  reported  a  deserter? 

A.  No  man  will  be  reported  a  deserter  until 
after  the  expiration  of  ten  days  (should 
he  remain  away  that  length  of  time) 
unless  the  company  commander  has 
reason  to  believe  that  the  absentee  does 
not  intend  to  return.  Should  the  sol- 
dier not  return  or  not  be  apprehended 
within  the  time  specified,  his  desertion 
will  date  from  the  commencement  of 
his  unauthorized  absence.     (132) 

Q.  What  action  is  taken  by  the  company 
commander  when  a  soldier  deserts? 

A.  1.  Ascertain  whether  or  not  any  govern- 
ment property  has  been  lost  in  conse- 
quence of  the  desertion. 

2.  Secure  the  clothing  and  effects  aban- 
doned by  the  deserter. 

3.  Prepare  a  number  of  deserters'  De- 
scriptive Lists  on  the  special  blank  pro- 
vided for  that  purpose  and  forward 
them  to  the  commanding  officer.    (116) 

Q.  What    action    is    taken    with    respect    to 
property  lost  in  consequence  of  a  deser- 
tion ? 
A.  It  will  be  surveyed  as  in  the  ordinary  case 
of  property  lost  or  destroyed  and  the 
money  value  of  same  will  be  charged 
against  the  deserter   on  the  next  pay 
rolls  of  the  company. 
Note. — At  this  point  it  is  deemed  appro- 
priate to  explain  the  action  taken   with  re- 
spect  to    Government   property   lost   or   de- 
stroyed.    When  property  is  lost  or  destroyed 
the  officer  accountable  or  responsible  there- 
for prepares  a  "  Report  of  Survey,"  in  trip- 
licate, upon  which  are  enumerated  the  articles 
of  property  so  lost  or  destroyed,  the  money 
value  of  same,  and  a  notation  citing  the  cir- 
cumstances  attending   such   loss   or   destruc- 
tion.   The  affidavits  and  certificates  on  page  2 
are  accomplished  and   the  blanks   submitted 
to  the  commanding  officer  for  further  action. 


This  report  is  then  forwarded  to  the  Sur- 
vey Officer  who  makes  an  investigation  of  the 
circumstances  attending  the  loss  or  destruc- 
tion of  the  property  and  makes  a  finding  and 
recommendation  with  respect  to  it.  When 
this  finding  and  recommendation  are  approved 
by  the  commanding  officer,  the  papers  are 
complete  and  are  disposed  of  as  follows : 

Two  copies  are  forwarded  to  the  officer 
who   is   accountable   for  the  property, 
for    use    by   him    as    vouchers    to    his 
return. 
One   copy   is    forwarded   to   Department 
Headquarters  for  administrative  exam- 
ination and  file. 
When  property  pertaining  to  more  than  one 
supply  department  is  lost  through  desertion, 
survey  reports  covering  each  class  of  prop- 
erty have  to  be  made  out  as  indicated.  (116) 
Q.  What  disposition  is  made  of  the  clothing 

abandoned  by  a  deserter? 
A.  The  company  or  detachment  commander 
turns  over  the  clothing  abandoned  by 
a  deserter  to  the  quartermaster,  with  a 
certificate  showing  its  condition  and  the 
name  of  the  deserter  to  whom  it  be- 
longed. 
The  body  of  this  certificate  would  read  as 
follows : 

"  I  hereby  certify  that  the  articles  of 
clothing  enumerated  below,  in  the  con- 
dition noted,  were  abandoned  by  Private 
John  Doe,  who  deserted  from  Company  C, 
45th  Infantry,  on  the  16th  day  of  October, 
1916."   (117) 


No. 


Article. 


Condition. 


Q.  What  disposition  is  made  of  the  personal 
effects  other  than  clothing,  abandoned 
by  a  deserter? 

A.  All  personal  effects  of  a  deserter  will  be 
disposed  of  as  in  the  case  of  the  un- 
claimed effects  of  a  deceased  soldier — 
i.e.,  they  will  be  sold  by  a  council  of 
administration  and  the  proceeds  of  the 
sale  deposited  with  a  quartermaster. 
(See  post.)   (117) 

Q.  What  disposition  is  made  of  the  Descrip- 
tive Lists  of  Deserters? 

A.  They  are  sent  to  such  marshals,  sheriffs, 
and  police  officers  as  the  commanding 
officer  may  deem  proper ;  also,  to  the 
officer  in  charge  of  the  recruiting  sta- 
tion at  or  near  the  place  where  the 
deserter  was  accepted  for  enlistment. 
(118) 


Nigkt   Operations 


Q.  to  lu:              1  ^pan  .  affprc-h.K.:  .r. 

aiu.  — .-—'^•:-3J  of  a  .■  j*-." 

A.  A  BCTward  of  $58  will  rxe  paid  isss>  ansy  dreil 
officer  or  cwdliaii  ior  the  apprehension 
az.'  '  "ery    ti:    ■che    proper    military 

ar-  '  •  ■  -s  ar  a  miiirary  post  ci  a 
deseiter     from    rhe     muiiary    ser^dce. 

y,  iuncn  a  :w  ■"■.ru- 

der' o'   _    '  .      .-JT  at  a 

station  aihar  ihan  that  of  im  aam^umy., 
what  acinan  «s  taken  by  his  former 
ar'i  -.rwwawuierf 

A.  The  ::g  papers  will  be  isirwardeG 

to  Ae  Eominanding  afficsr  of  tiie  post 
where  die  desener  is  receiwed.: 

1.  Descripri-^e  List. 

2.  Charge     and     specmcaEions     pite- 

ienned  against  die  (issener. 

3.  A  iifit  <aE  wimesses.  wirh  a  farief 

...  ..,„   e^ddence   tc    be 

:   each.     •,  124  i 

Q,.  Wltat  as-  a  ckserrtar's  fPoisoiSBe:? 

A  "When  a  soldier  fcsers  the  ser^:icE  ai  die 
Uimed  Stages  amr^  remams  absenr  in 
fiseraon  ror  rwc  years  afrer  die  oaze 
of  the  eacpiranan  cf  die  period  «sf  time 
ior  which  he  enlisred.  his  tuial  for 
diraemnn  is  barred  tPf  the  Sraorce  ci 
Linuianans  ^"nf*  he  is  grwen  a  "  Ifesr- 
ter%  Eeiease."  which  is  menely  a  ebt- 
t^rarp  EC  aendce  and  fact  si  djser- 
taon.  In  ■-~-'^~  — :  obtain  die  deserter  s 
setease  tii.  w'lng  ~acs  in  die  caro 

Trmst  obtain:: 

1.  Twc  years  mcst  tucr/e  eiapsed  afier 
■fihe  rjtnry  or  wiiix±.  die  diserrer  would 
haswe  lecerwed  his  discnarae  rrom  tiie 
serrocB  had  is  itemained  dierewidi  and 
semed  die  ittll  'rmp  ior  which  iie 
eniisced. 

2.  "Ftf  TniTKT  hawe  b^sn  paiest^iil  in  tiie 
Tunited  Sfeates  dn^ing  dns  periord  ai 
time. 

3.  Ss  THTmr  Sie  an  affidsvat  serriiE 
iaarrth  hk  daim.  based  on  die  sacrs  in 
tiie  c^Be. 

4.  Sb  mxffir  tlv  tne  -tu:  unmi- 
"'^♦T'al  of  die  .;_:■::■      ..:r  such  "^iieaae. 

@.  Wtatt  azriian  is  taisxin  witen  a  sab&Br  is 

CEi'2^  ar /■  - 

fbBnerpTifm? 
A.  L  Uiffi   ffiEiiiiier  will  de   sjmfineri  perrnrng 
acdon. 


-.  -1  report,  ^    sis  ;iescrip- 

droe  hst,  v       -  -  -  _      ..  ^t;d  to  the  Ad- 
jarEanr-General  of  the  Armjy. 

3.  B&e  wail  be  jfroopped  irom  tiie  role  osf 
die  A~      -    ~  -  ,-. .-- ^     f  anthortty  to 

do  so    ;  -.      _        ,:  r'niPTTt 

4.  He  win  be  Inrmed  swcer  to  the  repre- 
senrarrwes  csf  die  'Sla.vj  Departmenr 
npon  -"-•=: —  31  instmcdons  to  thar 
efifict. 

Q.  UP  hat  are  the  reffulasions  goverruttg  the 

■retirement    of   i0n&siad    men    of    the 

A'rnpv.f 
A.  1.  Ee  mnst  hance  served  ior  a  period  cif 

30  3tean!s  in  the  Army,  Biawy  or  Marine 

Corps,  or  in  all  of  diem. 

2.  Serv-ice  as  a  commissioned  officer  m 
tie  United  Stares  Volunteers,  organ- 
isBMi  in  laiS  and  1^5!,  or  of  die  Facto 
£ics)  ~'  'Tial  5.egimerc  cz  Tr-^aTiiTv 
ar  csf  _  -  _.- ^jppme  Scours,  will  cotmt 
ior  die  pmTJose  of  retrrement  as  an  en- 
iisisd  man  as  f^itrmfrh  rendered  as  sndi. 

3.  Lengd:  rf  war  service  with  die  Army  in 
die  heiu.  or  widi  die  Na:vy  or  Marine 
Carps  in  active  service  leidier  as  voi- 
TTTr^"*^  or  regular  ntrring  the  War  of 
thf  Ssbeliion  and  actual  servios  in 
China.  Cuba,  die  Philmpme  Islands,  the 
T^lanf)  of  C^rta-m  Alaska  ar  Panama, 
or  prrnr  to  Apnfl  ^  1964,  m  Porto 
SdcB,  win,  ior  enusEd  men  enlisting 
prior  tD  Angnst  24,  1912,  be  douDied 
in  Gomiputnig  die  3S)  years^  service 
neu^sary  to  «nitit1p  an  <*nTTf»-ffri  man  ts> 

4.  The  ar^-;a]  service  in  any  of  the  ptaces 
named  above  will  be  considered  k  be- 
p-mTTTng  on  tiie  nxTf  erf  die  soMffir's 
am-val  at  dffi  first  port  of  call,  and  as 
fTTrniF  on  die  daffi  af  ins  departure 
iiimn  die  1^  port  of  call  dierein. 

H.  Tte  •nrme  f^-rr-rng  wiiich  a  solffifT  may  iie 

on  iurlongh  winle  ir  ii:3K 

named  will  not  be   u  „:i  „        in 

compurmg  hs  servicB  far  retirenEnt. 

.34  to  138^ 

^..    r  ncc  admiii-    '  ~  ~ion  is  taken  on  the 

•^ere^pt    c-  -    for    a    saidiers 

TfBafremen:: 

A  1.  Th-p  saidffir  s  mnnediate  curnniaTtning 
officer  win  furnish  hrm  with  a  final 
statement,  ciosmg  iiis  accamUs  of  pa?:, 
ilwptmiis  arrri  all  aHowancss  odiEr  dian 
dmse  of  travel,  'aea  of  die  das  of  die 
imcgipr  ~  die  ordEr. 


Night    Operations 


2.  He  will  forw'ard  to  the  Adjutant- 
General  of  the  Arm}'  a  Descriptive  List 
(in  duplicate),  noting  thereon  the  fact 
that  a  final  statement  has  been  given, 
the  re-enlistment  or  continuous  service 
pay  per  month  for  which  the  soldier 
was  last  mustered  and  his  post-ofl5ce 
address  for  the  next  30  daj's. 

3.  The  Descriptive  List  will  bear  the  sol- 
dier's signature,  or,  if  he  cannot  -write, 
a  statement  to  that  effect. 

4.  The  final  statement  and  Descriptive  List 
must  state  the  date  to  which  subsistence 
has  been  furnished,  also  whether  sub- 
sistence while  traveling  home  has  been 
furnished  and.  if  so.  for  what  dates. 

5.  A  discharge  certificate  will  not  be  given, 
but  the  soldier  will  be  dropped  from  the 
rolls  of  his  command  with  appropriate 
explanatory  remarks. 

6.  The  Quartermaster  Corps  will  be  noti- 
fied and  furnished  with  the  soldier's 
signature,  as  in  the  case  of  discharge. 
(See  post.)     (135) 

Q.  What  arc  the  pay  and  aUowances  of  a 
retired  soldier  f 

A.  1.  Three-fourths  of  the  monthly  pay 
allowed  by  law  for  the  grade  held  by 
him  when  retired. 
2.  In  addition  to  the  monthly  pay  he  is 
entitled  to  $9.50  per  month  for  commu- 
tation of  clothing  and  rations  and  $625 
per  month  in  lieu  of  quarters,  fuel  and 
light-     (137) 

O.  Under  what  circumstances  may  a  soldier 
he  discharged  prior  to  the  expiration 
of  his  term  of  scrincc* 

A.  1.  By  order  of  the  President  or  Secretan,- 
of  War. 

2.  By  the  sentence  of  a  (jeneral  Court 
Martial  or  Military-   Commission. 

3.  By  direction  of  the  cmuMuaider  of  a 
territorial  department  or  mobilized 
division : 

<  a^  T-y  purchase,  under  the  rules 
governing  such  discharge. 

(i»)  On  account  of  disability 

(f)  On  account  of  a  sentence  to  im- 
prisonment given  by  a  dvil 
court,  whether  suspended  or 
not 
(d^  Deserters  found  unfit  for  mili- 
tarj-  service. 

(r)  WTien  the  soldier  is  recom- 
mended for  disdiarge  after  ex- 
amination bv  a  board  of  offi- 


cers, and  found  to  be  unfit  for 
further  miHtar3'  ser^ace.    (Par. 
148^  ;  see  Post) 
4.  In  compliance  with  an  order  of  one  of 
the  United  States  Courts,  or  a  justice 
or  a  judge  thereof,  on  a  writ  of  habeas 
corpus.   (139) 
Q.  Describe    the   procedure    of   settling    the 
soldier's  accounts  ■:snth  the  Go^vrnment 
•when   he  is  discharged  the  service   or 
furloughed    and     transferred     to     the 
Reserve. 
A.  1.  The    companj'    commander    closes   his 
accounts   on  his   Descriptive  List  and 
furnishes  the  soldier  with  a  final  state- 
ment  in  duplicate,  which   contains   all 
information  necessary  for  a  final  set- 
tlement  of   the   accounts  between  the 
government  and  the  soldier. 

2.  The  soldier  presents  this  final  statement 
to  the  quartermaster  along  with  the 
certificate  of  discharge  or  order  trans- 
ferring and  furloughing  him  to  the 
reserve,  as  the  case  may  be. 

3.  Prior  to  the  soldier's  presenting  the 
final  statement  for  paj-ment  the  com- 
pany commander  will  have  notified  the 
quartermaster  in  his  own  hand-«-riting 
of  the  fact  that  such  final  statement  will 
be  issued,  giving  in  general  the  infor- 
mation contained  therein,  and  hav- 
ing the  soldier's  signature  inscribed 
thereon. 

4.  The  (Quartermaster  computes  the 
amotmt  due  the  soldier  on  the  final 
statement  and  pays  the  same  by  check 
or  cash,  using  the  final  statement  as  a 
voucher  to  his  money  accounts. 

O.  Under  what  circumstances  are  soldiers, 
discharged    or    -    ■"  "to    the    re~ 

serzie,  nd  •'■vrr..  ._  „■ .  .  Final  State- 
ments? 

A.  A  final  statement  wiH  not  be  furnished 
to  a  soldier  who  has  forfeited  all  pay 
and  allowances  and  has  no  deposits 
due  him.     (140') 

Q.  What  action  is  taken  when  a  soldier  is  not 
furnished  "final  statements  on  his  dis- 
charge or  furlough  to  the  rcser:'C? 

A.  He  is  given  a  full  statement  in  writing 
of  the  reasons  why  such  final  statement 
is  not  furnished.     (140) 

Q.  IVhat  rules  go7'rm  the  entries  to  be  made 
on  a  anal  statcm-ent  with  respect  to  the 
reasons  for  the  soldier's  separation 
from  active  sennccT 


10 


Night    Operations 


A.  1.  When  the  soldier  has  completed  his 
term  of  service  the  notation  is  made: 
"  Expiration  of  Term  of  Service." 

2.  When  the  soldier  is  furloughed  and 
transferred  to  the  Army  reserve  the 
notation  is  made :  "  Furloughed  and 
transferred  to  the  Army  Reserve." 

3.  When  the  discharge  is  made  on  Certifi- 
cate of  Disabihty  the  ascertained  disa- 
bility, as  recited  in  the  certificate,  must 
be  given  in  the  final  statement  as  the 
reason  or  cause  for  discharge. 

4.  Whenever  a  soldier  is  discharged  prior 
to  the  expiration  of  his  term  of  ser- 
vice, the  actual  cause  of  discharge  will 
be  stated  in  the  order  directing  the 
discharge  and  the  same  will  be  fully 
stated  on  the  discharge  certificate  and 
final  statement.  Where  the  discharge 
is  ordered  on  account  of  the  soldier's 
misconduct,  or  unfitness  for  the  ser- 
vice, physical  or  in  character,  due  to 
the  soldier's  misconduct,  a  statement  to 
that  effect  will  be  set  forth  in  the 
order  and  will  be  noted  on  the  dis- 
charge certificate  and  final  statement. 
(140) 

Q.  Under  what  circumstances  may  a  soldier 
be  held  in  the  service  to  make  up  time 
lost? 

A.  1.  He  may  be  held  to  make  up  time  lost 
on  account  of  absence  without  leave. 
2.  He  may  be  held  to  make  up  time  lost 
by  absence  from  duty  on  account  of  his 
own  misconduct;  sickness  contracted, 
"  not  in  line  of  duty"  ;  absence  from 
duty  while  in  confinement,  awaiting 
trial,  awaiting  the  result  of  trial  and 
while  serving  sentence  after  trial  and 
conviction  for  an  offense.     (142) 

Q.  On  what  day  is  the  soldier  furloughed 
and  transferred  to  the  Army  Reserve? 

A.  On  the  last  day  of  his  period  of  active  ser- 
vice— i.e.,  if  enlisted  on  the  second  day 
of  the  month  his  term  will  expire  on 
the  first  day  of  the  same  month  in  the 
last  year  of  his  term  with  the  colors. 
(Note:  Under  existing  laws  a  soldier 
may  be  furloughed  and  transferred  to 
the  Reserve  at  any  time  after  having 
completed  a  year's  service.)      (143) 

Q.  When  a  soldier  is  unfitted  for  military 
service  what  action  is  taken? 

A.  1.  H  he  is  found  to  be  unfitted  on  account 
of  physical  disability  he   may  be   dis- 


charged on  Certificate  of  Disability, 
after  thorough  examination  by  a  medi- 
cal officer. 

2.  If  he  is  found  to  be  inapt,  or  does  not 
possess  the  required  degree  of  adapta- 
bility for  the  military  service,  or  gives 
evidence  of  habits  or  traits  of  character 
which  serve  to  render  his  retention  in 
the  service  undesirable  or  is  disquali- 
fied for  service,  physically  or  in  char- 
acter, through  his  own  misconduct,  his 
company  commander  will  report  the 
facts  to  the  commanding  officer.  The 
commanding  officer  convenes  a  board  of 
officers,  three  when  practicable,  to  de- 
termine whether  the  soldier  should  be 
discharged  prior  to  the  expiration  of 
his  term  of  enlistment. 

3.  The  sessions  of  this  board  are  con- 
ducted in  general  after  the  manner  of 
a  special  court  martial.  The  soldier 
is  authorized  to  challenge  members  of 
the  board  for  cause,  to  be  present 
throughout  the  conduct  of  the  investi- 
gation, to  have  witnesses  testify  in  his 
behalf  and  to  make  a  statement  in  his 
own  behalf. 

4.  When  the  findings  of  the  board  indi- 
cate disqualification  through  physical 
disability,  the  proceedings  are  accom- 
panied by  a  certificate  of  disability. 
(See  Post.) 

5.  If  discharge  is  recommended  by  the 
board,  the  proceedings,  if  approved  by 
the  convening  authority,  will  be  for- 
warded for  final  action  to  the  officer 
exercising  general  court  martial  juris- 
diction over  the  command.  The  pro- 
ceedings are  then  forwarded  to  the 
Adjutant-General  of  the  Army  for  file. 
(159) 

Q.  What  are  the  several  classes  of  discharge 

blanks? 
A.  1.  Tlie  blank  for  honorable  discharge. 

2.  The  blank  for  discharge. 

3.  The  blank  for  dishonorable  discharge 
(yellow).     (ISO) 

Q.  Under  what  circumstances  are  the  several 
classes  of  discharge  blanks  used? 

A.  1.  The  blank  for  honorable  discharge, 
when  the  soldier's  conduct  has  been 
such  as  to  warrant  his  re-enlistment 
and  his  service  has  been  honest  and 
faithful. 


Night    Operations 


11 


2.  The  blank  for  dishonorable  discharge, 
when  the  soldier  has  been  dishonorably 
discharged  by  sentence  of  a  court  mar- 
tial or  military  commission. 

3.  The  blank  for  discharge  when  the  sol- 
dier is  discharged  except  as  specified 
under  sections  1  and  2  above.   (150) 

Q.  When  a  soldier  is  discharged  and  is  con- 
sidered suitable  material  for  a  volun- 
teer oUicer,  what  action  is  taken? 

A.  When  in  the  opinion  of  the  company  com- 
mander, the  circumstances  warrant  it, 
notation  will  be  made,  under  remarks 
on  the  back  of  the  discharge  certificate, 
that  the  soldier  is  fitted  for  a  commis- 
sion in  the  United  States  Volunteers, 
and  will  give  his  special  qualifications. 
(149) 

Q  What  action  is  taken  when  a  discharge 
certificate  is  lost  or  destroyed? 

A.  1.  A  discharge  certificate  will  not  be 
made  in  duplicate  and  under  no  cir- 
cumstances will  it  be  duplicated. 

2.  Upon  satisfactory  proof  of  loss  or  de- 
struction without  the  fault  of  the  per- 
son entitled  to  it,  the  War  Department 
may  issue  to  such  a  person  a  "  Certifi- 
cate of  Service,"  showing  the  date  of 
enlistment  in  and  discharge  from  the 
Army  and  the  character  given  on  the 
discharge  certificate. 

3.  An  application  for  certificate  in  lieu  of 
a  lost  or  destroyed  discharge  certifi- 
cate will  be  forwarded  directly  to  the 
Adjutant-General  of  the  Army  by  the 
soldier's  immediate   commander.   (151) 

Q.  What  do  you  understand  by  the  term 
"partial  Descriptive  List"? 

A.  Upon  the  discharge  of  a  soldier,  who  is 
absent  from  his  regular  organization, 
and  in  whose  case  a  Descriptive  List 
was  furnished,  a  "  partial  Descriptive 
List,"  giving  date,  place  and  cause  of 
discharge,  the  character  given  on  dis- 
charge certificate,  whether  service  was 
honest  and  faithful,  and  containing  only 
such  other  data  as  pertain  to  the  mili- 
tary status  of  the  soldier  and  his 
accounts  while  absent,  will  be  fur- 
nished the  soldier's  organization  com- 
mander by  the  officer  who  made  the 
discharge.   (154) 

Q.  What  is  a  "Notification  of  Discharge"? 

A.  It  is  a  document  furnished  by  the  officer 
making  the  discharge  in  the  case  of  an 
enlisted    man    discharged    at    a    place 


where  there  is  no  available  office  pro- 
vided with  funds  to  make  payment  of 
Final  Statements.  (155) 

Q.  What  is  the  object  of  the  "  Notification  of 
Discharge"? 

A.  It  is  merely  an  advance  statement  of  the 
soldier's  accounts  as  they  will  appear 
on  his  Final  Statements,  given  to  the 
officer  who  cashes  the  Final  Statements, 
as  a  check  against  same  and  to  prevent 
fraud  or  making  a  payment  of  Final 
Statements  that  may  have  been  altered 
after  they  are  given  to  the  soldier. 
(The  Notification  of  Discharge  is  made 
out  in  the  handwriting  of  the  officer 
who  is  to  sign  the  Final  Statement.  It 
is  mailed  to  the  quartermaster  who  is 
to  pay  the  Final  Statement  at  least  one 
week  prior  to  the  date  when  it  is  ex- 
pected that  the  Final  Statements  will 
be  presented  for  payment.  It  contains 
the  date  of  last  payment  to  the  soldier : 
his  credits  and  debits,  in  words  and 
figures ;  and  all  other  data  essential 
for  proper  payment.  It  has  inscribed 
thereon  the  soldier's  signature  or  in 
case  he  cannot  write  a  statement  to  that 
effect.  When  the  Final  Statements  are 
to  be  paid  at  the  same  place  where  they 
are  executed  the  Notification  is  not 
required.)    (155) 

Q.  Who  is  held  responsible  for  overpayments 
caused  by  erroneous  entries  on  Final 
Statements? 

A.  The  officer  who  signs  the  Final  State- 
ment is  held  responsible  for  overpay- 
ments due  to  erroneous  entries,  and 
will  be  called  upon  to  reimburse  the 
Government  for  such  overpayments. 
(155) 

Q.  What  is  the  effect  of  a  dishonorable  dis- 
charge? 

A.  A  dishonorable  discharge  from  the  service 
is  a  complete  expulsion  from  the  Army 
and  covers  all  unexpired  enlistments. 
(156) 

Q.  When  a  soldier  is  found  to  be  permanently 
unfitted  for  military  service  because  of 
wounds  or  disease,  what  action  is 
taken? 

A.  He  should,  if  practicable,  be  discharged 
on  "  Certificate  of  Disability "  before 
the  expiration  of  the  term  of  service  in 
which  the  disability  was  incurred. 
(Certificates  of  Disability  are  not  made 
in  duplicate  and  great  care  has  to  be 


12 


Night    Operations 


taken  to  prevent  their  loss  or  destruc- 
tion.)   (159) 

Q.  What  duties  devolve  upon  the  Company 
Commander  on  the  death  of  a  soldier 
of  his  organi::ationf 

A.  1.  In  the  case  of  the  death  of  any  soldier, 
the  commanding  officer  of  his  troop, 
battery  or  company  shall  immediately 
secure  all  his  effects  then  in  camp  or 
quarters,  and  shall,  in  the  presence  of 
two  other  officers,  make  an  inventory 
thereof,  which  he  shall  transmit  to  the 
office  of  the  Department  of  War.  (Old 
126  Article  of  War.)  (This  inventory 
of  effects  is  made  in  triplicate  and  all 
three  copies  have  to  be  originals.  Two 
are  forwarded  and  the  third  retained 
with  the  company  records.) 

2.  Notify  the  nearest  relative  of  the  fact 
of  death.  (Note:  The  name  and  ad- 
dress of  the  person  to  be  notified  in 
case  of  emergency  (death)  will  be 
found  on  the  soldier's  Descriptive  List. 
This  notification  will  be  made  by  tele- 
graph and  at  the  same  time  a  request 
made  that  reply  be  forwarded  by  tele- 
graph as  to  whether  or  not  it  is  desired 
to  have  the  remains  shipped  home  at 
Government  expense  and  if  shipment 
home  is  desired  the  destination  and  the 
name  of  the  person  to  whom  the  re- 
mains are  to  be  consigned.) 

3.  Have  the  remains  prepared  for  ship- 
ment or  burial.  (When  the  death 
occurs  in  a  military  hospital,  the  sur- 
geon in  charge  is  responsible  that  the 
remains  are  prepared  for  shipment  or 
burial  as  the  case  may  be  and  his  re- 
sponsibility therefor  does  not  cease 
until  the  remains  are  turned  over  to 
the  quartermaster  for  shipment  or 
interment.) 

4.  Make  all  the  arrangements  for  the 
funeral.  Have  an  order  from  regi- 
mental headquarters  issued ;  make 
arrangements  for  the  escort,  transpor- 
tation and  the  ceremony. 

5.  The  following  report  and  papers  are 
sent  to  the  Adjutant-General  of  the 
Army: 

(a)  A  report  of  the  death  of  the 
soldier. 

(fc)  A  report  from  the  medical  offi- 
cer, if  there  be  one  having  a 
knowledge  of  the  facts,  if  not, 
from    the   soldier's   immediate 


commanding  officer,  as  to  the 
cause  of  death ;  whether  or  not 
it  was  from  wounds  or  disease 
contracted  in  line  of  duty ; 
whether  or  not  it  was  from 
wounds  or  disease,  the  result 
of  his  own  misconduct. 

(c)  Duplicates   of   the   inventory   of 

effects. 

(d)  A      Final      Statement      (single 

copy).  (162  to  167) 
Q.  What  becomes  of  the  effects  of  a  de- 
ceased soldier f 
A.  1.  Officers  charged  with  the  care  and  cus- 
tody of  the  effects  of  deceased  soldiers 
are  required  to  turn  them  over  to  the 
legal  representatives  of  the  deceased. 
(Note:  In  case  the  effects  are  turned 
over  to  the  legal  representatives  as 
indicated  the  officer  will  take  a  receipt 
for  same  in  duplicate  and  forward  it 
to  the  Adjutant-General  of  the  Army. 
These  receipts  should  correspond  ex- 
actly with  the  inventory  of  effects  that 
has  been  previously  forwarded.  In 
case  there  is  any  discrepancy  in  the 
items  thereon  a  detailed  and  exhaustive 
explanation  will  be  required.) 
2.  Should  the  effects  not  be  claimed 
within  a  reasonable  time  they  will  be 
sold  by  a  council  of  administration 
under  the  authority  of  the  post  com- 
mander, and  the  proceeds  transferred 
to  the  soldier's  immediate  commander, 
by  whom  they  will  be  deposited  with 
a  Quartermaster  to  the  credit  of  the 
United  States.  Duplicate  receipts  will 
be  taken,  one  of  which  will  be  for- 
warded direct  to  the  Adjutant-General 
of  the  Army.  (Note:  When  the  pro- 
ceedings of  the  council  of  administra- 
tion are  prepared  they  should  show  in 
the  body  of  same  a  list  of  all  articles 
entered  on  the  inventory  of  effects, 
previously  prepared,  and  account  for 
the  disposition  of  each  and  every 
article.  Any  discrepancy  in  these  lists 
which  leaves  an  article  unaccounted 
for  will  result  in  endless  correspond- 
ence with  the  Adjutant-General's  Office. 
The  duplicate  of  the  receipt  will  be 
filed  with  the  appropriate  records  in 
the  company.  A  copy  of  the  pro- 
ceedings of  the  council  of  adminis- 
tration containing  a  duly  certified  list 
of  the  proceeds  will  be  forwarded  with 


Night    Operations 


13 


the    quartermaster's     receipt     for     the 
money  deposited.) 

3.  There  is  no  authority  for  officers  to 
pay  the  debts  of  deceased  soldiers. 
(The  accounts  are  settled  by  the  Audi- 
tor for  the  War  Department.) 

4.  Watches,  trinkets,  personal  papers, 
and  keepsakes  will  not  be  sold,  but 
will  be  labeled  with  the  name,  rank 
and  organization  of  the  owner  and 
sent  directly  to  the  Adjutant-General 
of  the  Army  to  be  forwarded  to  the 
Auditor  for  the  War  Department  for 
the  benefit  of  those  legally  entitled  to 
them.  (163) 

Q.  What  report  is  made  of  the  disposition 
of  the  remains  of  a  deceased  soldier? 

A.  The  officer  under  whose  direction  the 
disposition  of  the  remains  is  made  will 
make  a  full  report  thereof  to  the 
Adjutant-General  of  the  Army.  (167) 

Q.  Distinguish  betiveen  the  terms  "  Extra 
Duty"  and  "Special  Duty." 

A.  Enlisted  men  detailed  to  perform  specific 
services  which  remove  them  temporar- 
ily from  the  ordinary  duty  roster  of 
the  company  to  which  they  belong  will 
be  reported  on  "  Extra  Duty  "  if  receiv- 
ing increased  compensation  therefor, 
otherwise  on  "  Special  Duty."    (168) 

Q.  What  are  the  limitations  placed  on  en- 
listed men  being  detailed  on  extra  duty? 

A.  1.  They  will  not  be  placed  on  extra  duty 
without  the  sanction  of  the  department 
commander,  except  at  posts  commanded 
by  General  Officers. 

2.  They  will  not  be  employed  on  extra 
duty  in  time  of  war,  nor  in  time  of 
peace  for  labor  in  camp  or  garrison 
which  can  properly  be  performed  by 
fatigue  parties. 

3.  Duty  of  a  military  character  must  be 
performed  without  extra  compensation. 

4.  Except  in  case  of  emergency,  a  non- 
commissioned officer  will  not  be  de- 
tailed on  extra  duty  without  authority 
from  the  department  commander  or  the 
General  Officer  commanding  a  post  or 
in  other  cases  by  the  Secretary  of  War. 
A  noncommissioned  officer  will  not  be 
detailed  on  any  duty  inconsistent  with 
his  rank  and  position  in  the  military 
service. 

5.  Enlisted  men  in  the  several  staff  de- 
partments, including  members  of  the 
Post   noncommissioned    staff,    will    not 


be  detailed  on  extra  duty  except  by 
the  authority  of  the  War  Department. 
They  are  not  entitled  to  extra  duty 
pay  for  services  rendered  in  their  re- 
spective departments. 

6.  Company  mechanics,  artificers,  farriers, 
horseshoers,  saddlers  and  wagoners 
will  not  be  detailed  on  extra  duty. 

7.  Extra  duty  men  will  be  required  to 
attend  as  many  drill  inspections  and 
other  duties  as  commanding  officers 
deem  practicable,  unless  specifically 
excused  by  higher  authority. 

8.  Extra  duty  men  will  be  held  to  such 
hours  of  labor  as  may  be  expedient 
and  necessary ;  but,  except  in  case  of 
urgent  necessity,  as  in  military  opera- 
tions, eight  hours  will  be  considered 
a  day's  work.  For  all  hours  em- 
ployed beyond  that  number,  the  soldier 
will  receive  additional  compensation — 
the  extra  hours  being  computed  as  frac- 
tions of  a  day  of  eight  hours'  dura- 
tion.    (168  to  176) 

Q.  What  is  the  rate  of  Extra  Duty  pay? 

A.  For  services  as  Mess  stewards  and  cooks 
at  recruit  depots — Steward :  at  the  rate 
of  50  cents  a  day  and  a  share  in  the 
remaining  money  allotted  for  the  pur- 
pose from  the  mess  fund.  Cooks :  25 
cents  per  day  or  a  share  in  the  $3 
allotted  from  the  mess  fund  for  the 
payment  of  cooks. 
As  helpers  to  ordnance  machinists  in  the 
alteration  and  maintenance  of  scacoast 
armament,  50  cents  a  day. 
As  clerks  in  coast  fortification  offices, 
switchboard  operators,  guards  at  mili- 
tary prisons  and  all  other  extra  duty 
services,  35  cents  a  day.   (170) 

Q.  What  organization  in  the  mobile  army  is 
the   administrative   unit? 

A.  The  regiment. 

Q.  How  is  a  regiment  organized? 

A.  1.  A  headquarters     company,     troop     or 
battery. 

2.  A    supply    company    or    troop. 

3.  A  machine-gun  company  or  troop. 

4.  In  the  infantry  and  cavalry,  three  bat- 
talions or  squadrons  of  four  compa- 
nies or  troops  each ;  in  the  artillery, 
two  battalions  of  three  batteries. 

Note. — The  headquarters  company  is 
commanded  by  the  Regimental  adju- 
tant. The  supply  company  by  the  regi- 
mental   quartermaster ;     the    machine- 


14 


Night    Operations 


gun  company  by  a  captain ;  a  battalion 
is  normally  commanded  by  a  major  in 
whose  absence  the  senior  captain  com- 
mands ;  a  company  is  normally  com- 
manded by  a  captain,  in  whose  absence 
the  senior  officer  on  duty  therewith 
commands.    (Ed.) 

Q.  For  what  is  the  battalion  commander 
responsible  f 

A.  A  battalion  commander  is  responsible  for 
the  instruction,  tactical  efficiency,  and 
preparedness  for  war  service  of  the 
troops  of  his  battalion  under  his  im- 
mediate command. 
Note. — When  the  designation  battalion  or 
company  is  referred  to  herein  it  is  also 
applicable  to  squadrons  of  cavalry, 
troops  of  cavalry  and  batteries  of 
field  artillery,  respectively.   (245) 

Q.  By  ivhom  are  Held  officers  assigned  to 
stations? 

A.  Field  officers  of  the  mobile  army  are 
assigned  to  stations  by  the  department 
commander.   (247) 

Q.  What  are  the  duties  of  the  adjutant  of 
a  regiment? 

A.  1.  He  commands  the  Headquarters  Com- 
pany. 

2.  Under  the  direction  of  the  commanding 
officer  he  will  have  charge  of  the 
various  rosters  of  service;  he  will 
m.ake,  publish  and  verify  all  details, 
keep  the  records  of  the  regiment  and 
perform  such  military  duties  with 
troops  as  are  required  by  regulations. 
Through  him  the  commanding  officer 
communicates  with  the  officers  and 
men  of  his  command. 

3.  The  adjutant  should  be  courteous  to 
and  on  friendly  terms  with  the  officers 
of  the  command  he  represents,  and  will 
avoid  all  discussions  of  the  orders  or 
military  conduct  of  his  superiors. 

4.  He  should  inform  himself  on  all  points 
of  military  usage  and  etiquette,  and  on 
proper  occasions  aid  with  his  advice 
and  experience  the  subalterns  of  the 
regiment,  especially  those  just  entering 
the   service. 

5.  He  will  endeavor  at  all  times  to  exert 
the  influence  belonging  to  his  station 
in  sustaining  the  reputation,  discipline 
and  harmony  of  the  command.   (251) 

Q.  What  books  of  record,  reports  and  papers 
will  be  kept  in  each  regiment? 


A.  1.  A  correspondence  book  with  the  docu- 
ment file  pertaining  thereto. 

2.  A  regimental  fund  book.  (The  regi- 
mental fund  consists  of  all  monies 
accruing  to  the  regiment  by  contri- 
bution, percentage  from  band  engage- 
ments, and  percentage  from  Post  Ex- 
change dividends.  This  money  is 
expended  for  the  benefit  of  the  regi- 
ment by  the  adjutant,  under  the  direc- 
tion of  the  regimental  commander.) 

3.  A  file  of  regimental  orders,  all  orders, 
instructions  and  circulars  from  higher 
authority;  copies  of  monthly  returns, 
and  other  returns  and  rolls  pertaining 
to  the  regiment.     (258) 

Q.  What  is  the  rule  governing  the  detail  of 
captains  on  detached  service? 

A.  The  detail  of  captains  on  detached  service 
away  from  their  arm  of  the  service 
will  be  limited,  as  far  as  practicable, 
to  those  required  by  law.   (265) 

Q.  For  what  is  the  company  commander 
responsible? 

A.  For  the  instruction,  tactical  efficiency  and 
preparedness  for  war  service  of  his 
company ;  for  the  care  and  preservation 
of  its  equipment  and  for  the  proper 
performance  of  duties  connected  with 
its  subsistence,  pay,  clothing,  accounts, 
reports   and   returns.     (266) 

Q.  What  is  the  order  of  succession  to  com- 
mand in  a  company? 

A.  In  the  absence  of  its  captain,  the  com- 
mand of  a  company  devolves  upon  the 
subaltern  next  in  rank  who  is  serving 
with  it,  unless  otherwise  specially 
directed.   (267) 

Q.  What  is  the  rule  regarding  the  selection 
and  the  standing  of  noncommissioned 
officers  in  a  company? 

A.  1.  Noncommissioned  officers  will  be  care- 
fully selected  and  instructed. 

2.  They  will  always  be  supported  by  com- 
pany commanders  in  the  proper  per- 
formance of  their  duties. 

3.  They  will  not  be  detailed  for  any  duty 
or  permitted  to  engage  in  any  occupa- 
tion inconsistent  with  their  rank  and 
position.  (Note  in  this  connection  non- 
commissioned officers  may  not  be  per- 
mitted to  engage  in  occupations  such 
as  company  barbers,  tailors,  etc.) 

4.  Officers  will  be  cautious  in  reproving 
them  in  the  presence  or  hearing  of 
private  soldiers.   (270) 


Night    Operations 


15 


Q.  By  ic'lio})!  are  noncommissioned  officers 
appointed?' 

A.  1.  By  regimental  commanders  on  the 
recommendation  of  company  and  bat- 
talion commanders. 

2.  Wiien  a  battalion  is  stationed  away 
from  regimental  headquarters  the  bat- 
talion noncommissioned  staff  officers 
may  be  appointed  by  the  battalion 
commander. 

3.  In  the  coast  artillery  corps  companies 
noncommissioned  officers  are  appointed 
by  coast  defense  commanders  on  the 
recommendation  of  company  com- 
manders. 

4.  The  captain  selects  the  first  sergeant, 
quartermaster  sergeant,  mess  sergeants 
and  stable  sergeants  from  the  sergeants 
of  his  company.   (271) 

Q.  IVIiat  is  a  lance  corporal  f 

A.  A  private  who  has  been  given  a  tem- 
porary appointment  to  the  grade  of 
noncommissioned  officer,  for  the  pur- 
pose of  testing  capacity  for  the  duties 
that  would  devolve  upon  him  as  a 
regularl}'  appointed  noncommissioned 
officer.  Tliey  are  not  given  a  warrant 
but  are  obeyed  and  respected  as  cor- 
porals.  (272) 

Q.  How  many  lance  corporals  may  tliere  be 
in  a  company  f 

A.  No  company  may  have  more  than  one 
lance  corporal  at  a  time,  unless  there 
are  noncommissioned  officers  absent  by 
authority,  during  which  absences  there 
may  be  one  for  each  absentee.   (272) 

Q.  What  are  tlie  rides  witfi  respect  to  tlie 
warrants  of  noncommissioned  officers? 

A.  1.  Each  noncommissioned  officer  will  be 
furnished  with  a  certificate  or  warrant 
of  his  rank,  signed  by  the  regimental 
commander  and  countersigned  by  the 
adjutant. 

2.  A  separate  warrant  as  first  sergeant, 
quartermaster  sergeant  or  stable  ser- 
geant will  not  be  issued. 

3.  A  warrant  issued  to  a  noncommissioned 
officer  is  his  personal  property. 

4.  Warrants  need  not  be  renewed  in  case 
of  re-enlistment  in  the  same  company, 
if   re-enlistment   is   made  the  dav   fol- 


lowing that  of  discharge,  but  unless 
otherwise  ordered  by  the  regimental 
commander  or  coast  defense  comman- 
der, on  the  recommendation  of  the 
company  commander,  will  remain  in 
force  until  vacated  by  promotion  or 
reduction,  each  re-enlistment  and  con- 
tinuance to  be  noted  on  the  warrant 
by  the  company  commander. 
5.  The  warrants  for  noncommissioned 
officers  of  the  coast  artillery  corps  com- 
panies will  be  signed  by  the  coast  de- 
fense commander  and  countersigned  by 
the  coast  defense  adjutant.   (274) 

Q.  Under  what  circumstances  may  a  non- 
commissioned officer  be  reduced  to  the 
ranlcs? 

A.  1.  By  sentence  of  a  court  martial. 

2.  On  the  recommendation  of  the  company 
commander,  by  order  of  the  comman- 
der having  final  authority  to  appoint 
such  noncommissioned  officer. 

3.  On  the  recommendation  of  the  com- 
pany commander  by  a  battalion  com- 
mander or  senior  officer  on  duty  with 
the  detachment  of  a  regiment  serving 
in  another  department  or  at  such  dis- 
tance from  regimental  headquarters 
that  more  than  15  days  are  required 
for  correspondence  to  pass  back  and 
forth. 

Note. — No  commissioned  officer  may  be 
reduced  because  of  absence  on  account 
of  sickness  or  injury  contracted  in  line 
of  duty.  The  transfer  of  a  noncom- 
missioned officer  from  one  company 
to  another  carries  with  it  reduction 
to  the  ranks  unless  otherwise  specified 
in  the  order  by  authority  competent 
to  issue  a  new  warrant.  When  a  non- 
commissioned officer,  while  in  arrest 
or  confinement,  is  reduced  by  sentence 
of  a  court  martial,  the  date  of  the 
order  publishing  the  sentence  is  the 
date  of  reduction.  In  all  other  cases 
the  reduction  takes  effect  on  the  date 
of  the  receipt  of  the  order  at  the  sol- 
dier's station.  The  desertion  of  a  non- 
commissioned officer  vacates  his  posi- 
tion from  the  date  of  his  unauthorized 
absence.  (276) 


Administration — Concluded  (February,  1917) 


Q.  What  restrictions  govern  the  detail  of  a 
soldier  for  duty  as  company  tailorf 

A.  1.  He  may  be  relieved  from  ordinary  mili- 
tary duty  while  so  detailed. 

2.  The  post  exchange  council  will  fix  the 
rates  to  be  charged. 

3.  Accounts  due  the  tailor  may,  if  neces- 
sary, be  deducted  from  the  soldiers' 
pay  and  turned  over  to  him.      (279) 

4.  A  noncommissioned  officer  may  not  be 
detailed. 

Q.  What  books  of  record,  reports  and  papers 
are  kept  in  each  company? 

A.  1.  A  Correspondence  Book  and  Document 
File  in  connection  therewith.  When  cor- 
respondence is  sent  out  from  or  re- 
ceived at  the  company  office  and  it  is 
desired  to  have  a  complete  record  of 
same,  it  is  entered  in  the  correspond- 
ence book  and  either  the  original  or  a 
copy  of  the  document  placed  in  the 
document  file.  Only  a  synopsis  of  the 
contents  is  entered  in  the  correspond- 
ence book  and  the  entry  is  indexed  and 
cross  indexed. 
2.  A  Sick  Report.  Immediately  after  re- 
veille each  morning,  all  soldiers  desir- 
ing to  receive  medical  treatment,  report 
to  the  orderly  room  and  their  names 
are  entered  on  the  sick  report  book. 
At  sick  call,  the  noncommissioned  of- 
ficer in  charge  of  quarters  conducts  the 
sick  to  the  hospital  where  he  presents 
the  sick  report  to  the  medical  officer 
who  in  turn  makes  such  examination 
of  the  men  and  prescribes  such  treat- 
ment as  may  be  required.  The  surgeon 
makes  entry  in  the  sick  report  indicat- 
ing whether  or  not  the  soldier  is  capa- 
ble of  performing  duty,  in  which  case 
he  either  marks  him  "  hosp,"  "quar- 
ters," or  "  duty."  In  case  he  is  marked 
other  than   duty,   he   is  carried  on  the 

16 


morning  report  as  "  sick."  A  soldier 
may  have  his  name  entered  on  the  sick 
report  at  any  time  that  he  may  become 
ill  during  the  day,  and  the  same  pro- 
cedure obtains. 
3.  A  Morning  Report.  Immediately  after 
the  sick  report  has  been  returned  from 
the  hospital  the  First  Sergeant  makes 
out  his  morning  report  and  has  it  ready 
for  the  company  commander's  signa- 
ture. The  morning  report  indicates  the 
status  of  the  company  for  duty  or  ab- 
sence from  duty.  It  is  usually  sub- 
mitted to  headquarters  after  the  tactical 
work  for  the  forenoon  has  been  com- 
pleted. From  it,  the  consolidated  morn- 
ing report  of  the  command  is  made  up. 
The  morning  report  shows  the  number 
of  officers  and  enlisted  men  of  the  vari- 
ous grades  in  the  company  for  duty; 
the  number  on  extra  or  special  duty; 
the  number  present  sick;  the  num- 
ber in  arrest  or  confinement,  and  the 
number  absent.  In  mounted  commands 
the  number  of  horses  and  mules  is 
shown,  together  with  their  condition, 
serviceable  or  otherwise.  On  the  oppo- 
site page,  under  the  heading  "  re- 
marks," explanation  is  made  of  any 
fact  that  makes  a  change  in  the  figures 
of  the  report  from  those  of  the  previ- 
ous day.  Ruled  columns  are  provided 
for  making  a  record  of  the  ration  and 
forage  additions  and  deductions  inci- 
dent to  men  or  animals  joining  or  leav- 
ing the  command.  In  making  out  the 
morning  report  the  principal  rule  to  be 
observed  is  that  "  every  change  in  the 
figures  of  the  previous  day's  report  must 
be  explained  by  an  appropriate  remark 
under  the  heading  of  remarks."  By 
this  means,  the  figures  may  be  readily 
checked. 


Night   Operations 


17 


4.  A  file  of  Descriptive  Cards  of  public 
animals,  kept  in  organizations  supplied 
with   public  animals. 

5.  A  Company  Council  Book.  This  is  a 
ledger  in  which  the  account  of  the  com- 
pany fund  is  kept.  This  will  be  ex- 
plained in  detail  later. 

6.  A  Record  of  Individual  Property  re- 
sponsibility of  enlisted  men.  This  is  a 
loose-leaf  book,  each  page  of  which 
contains  a  list  of  all  government  prop- 
erty in  the  hands  of  one  enlisted  man. 
A  sheet  for  each  soldier  is  prepared  and 
he  is  required  to  receipt  for  all  prop- 
erty as  he  receives  it.  The  quarter- 
master property  is  entered  on  one  side 
of  the  sheet  and  the  ordnance  property 
on  the  other. 

7.  A  Record  of  Punirhments  awarded  by 
the    company     commander.       Company 
commanders  are  not  required  to  bring 
every    dereliction   of    duty    to   trial    by 
court-martial.     They   endeavor   to  pre- 
vent a  recurrence  of  an  offence  by  with- 
holding privileges  and  taking  such  steps 
as   may  be   necessary  to    enforce  their 
orders.       Company     commanders     are 
authorized   under   the   regulations,   and 
subject  to  the  control  of  the  command- 
ing officer  of   the  post,   to  dispose   of 
cases   of   derelictions   that   come  under 
the     jurisdiction     of     summary     court- 
martial    by    requiring    extra    tours    of 
fatigue,  unless  the  soldier  concerned  de- 
mands   trial.     Whenever   the    company 
commander     avails     himself     of     this 
authority    he    is    required    to    enter    a 
record   of    the   offence,   and   the   action 
taken  in  the  delinquency  record  of  the 
soldier. 

8.  A  file  of  Descriptive  Lists.  (Hereto- 
fore explained.) 

9.  A  file  of  Orders  and  Instructions  re- 
ceived from  higher  authority  and  re- 
tained copies  of  rolls,  reports  and  re- 
turns required  by  regulations  or  orders. 

10.  Retained  copies  of  all  returns  of  prop- 
erty pertaining  to  the  company  and  full 
information  respecting  all  quartermas- 
ter and  other  supplies  held  on  memo- 
randum receipt,  showing  list  of  articles, 
date  of  receipt,  from  whom  received, 
and  the  name  of  the  officer  who  signed 
the  memorandum  receipt  therefor; 
also  an  account  of   all   articles   turned 


in,  expended,  stolen,  lost  or  destroyed. 
All  of  this  is  kept  on  a  loose-leaf  sys- 
tem that  is  very  simple.    Company  com- 
manders are  required  to  have  a  settle- 
ment with  the  various  staff  officers  from 
whom  they  hold  property  on  memoran- 
dum   receipt,    quarterly    and    when    re- 
linquishing command,  or  when  turning 
over  the  property  to  another  officer. 
11.  A  Duty  Roster.     A  list  of  the  members 
of   the   company   and   a   record  of   the 
duty  performed  by  each.     This  is  kept 
by  the  First  Sergeant  of  the  Company. 
Note. — The  deposit  books  of  soldiers  which 
contain  a  record  of  the  money  deposited  by 
them  with  the  Quartermaster,  are  usually  kept 
on  file  in  the  company  orderly  room.     (280- 
281) 
Q.  What  inspections  are  required  to  be  made 

daily  by  company  commanders? 
A.  They   are   required   to   make  a  daily  in- 
spection of  the  men's  quarters  and  the 
kitchen,    giving   particular    attention   to 
cleanliness  and  to  the  proper  prepara- 
tion of   food.      (283) 
Q.  What  rules  govern  Saturday  Inspection? 
A.  1.  Company  commanders  are  required  to 
make  a  complete  inspection  of  their  or- 
ganization under  arms  every  Saturday. 

2.  No  one  will  be  excused  from  Satur- 
day inspection  except  the  guard  and  the 
sick  in  hospital. 

3.  Cavalry  and  field  artillery  will  habitu- 
ally be  inspected  mounted.      (283) 

Q.  Into  what  subdivisions  is  the  company 
divided? 

A.  The  company  commander  will  cause  the 
enlisted  men  of  the  company  to  be 
numbered  and  divided  into  squads,  each 
under  the  charge  of  a  noncommissioned 
officer.  As  far  as  practicable  the  men 
of  each  squad  will  be  quartered  to- 
gether.     (284) 

Q.  What  general  rules  of  personal  hygiene 
and  sanitation  are  required  to  be  ob- 
served in  each  company? 

A.  1.  Strict  attention  will  be  paid  by  com- 
pany commanders  to  the  personal  clean- 
liness of  the  men  and  to  the  police  of 
barracks    or    tents. 

2.  The  men  are  required  to  bathe  fre- 
quently. 

3.  In  garrison  and  in  the  field,  when  prac- 
ticable, the  men  will  be  required  to  wash 
their  hands   thoroughly  after  going  to 


18 


Night   Operations 


the  latrines  and  before  each  meal,  in 
order  to  prevent  the  transmission  of 
typhoid  fever  and  other  diseases 
through  germs  taken  into  the  mouth 
from  unclean  hands. 

4.  The  hair  will  be  kept  short  and  the 
beard,  if  one  is  worn,  kept  neatly 
trimmed. 

5.  Arms  will  be  kept  in  arm  racks.  Ac- 
coutrements and  sabres  will  be  hung 
up  by  the  belts.  Soiled  clothing  will  be 
kept  in  the  barrack  bag. 

6.  A  thorough  police  of  barracks  will  pre- 
cede the  Saturday  inspection.  Chiefs 
of  squads  will  see  that  bedding  and 
bunks  are  overhauled ;  floors,  tables  and 
benches  scoured ;  arms  and  accountre- 
ments  cleaned,  and  all  leather  articles 
polished.     (286-287) 

Q.  What  general  rules  regarding  uniform 
and  personal  appearance  of  the  soldier 
are  required  to  be  observed  in  the  com- 
pany? 

A.  1.  Chiefs  of  squads  are  held  responsible 
for  the  cleanliness  of  their  men.  They 
will  see  that  those  who  are  to  go  on 
duty  put  their  arms,  accoutrements  and 
clothing  in  the  best  order,  and  that  such 
as  have  passes  leave  the  post  in  the 
proper  uniform. 
2.  Soldiers  will  wear  the  uniform  in  camp 
or  garrison ;  when  on  fatigue,  they  will 
wear  the  suitable  fatigue  uniform.  (288- 
289) 

Q.  What  are  the  duties  of  a  company  com- 
mander with  respect  to  the  public  prop- 
erty in  the  possession  of  the  company? 

A.  The  company  commander  is  required  to 
see  that  all  property  in  the  possession 
of  the  company  is  kept  in  good  order 
and  that  missing  or  damaged  articles 
are  duly  accounted  for.  Note :  Officers 
who  sign  for  public  property,  whether 
on  invoice  or  on  memorandum  receipt, 
are  held  to  a  strict  accountability 
and  responsibihty  for  same.  If  it  is 
lost  or  destroyed  and  they  do  not  take 
the  required  administrative  steps  in  the 
matter  they  will  eventually  have  to  pay 
for  it  out  of  their  private  funds.  Com- 
pany commanders  are  also  held  respon- 
sible for  text-books  and  other  official 
publications  issued  for  the  use  of  their 
companies.     (290) 


Q.  What  rules  are  required  to  be  observed 
by  enlisted  men  with  respect  to  the  care 
and  preservation  of  their  arms  and 
equipment? 

A.  1.  They  will  not  take  their  arms  apart 
except  by  permission  of  a  commissioned 
officer  and  only  in  the  manner  pre- 
scribed in  tlie  descriptive  pamphlet  of 
the  arm  issued  by  the  Ordnance  Depart- 
ment. 

2.  The  polishing  of  blued  or  browned 
parts  of  small  arms,  rebluing  or  re- 
browning,  putting  any  portion  of  an 
arm  in  a  fire  or  removing  a  receiver 
from  a  barrel  is  prohibited. 

3.  The  mutilation  of  any  part  by  filing  or 
otherwise,  and  attempts  to  beautify  or 
change  the  finish,  is  prohibited. 

4.  The  use  of  tompions  in  small  arms  is 
forbidden. 

5.  The  use  of  raw  linseed  oil  only  is 
authorized  for  redressing  and  the  ap- 
plication, for  such  purpose,  of  any  kind 
of  wax  or  varnish,  including  heelball, 
is  strictly  prohibited.  The  soldier  can 
produce  a  fine  finish  on  the  wood  parts 
of  his  rifle  by  the  application  of  raw 
linseed  oil  and  "  elbow  grease."  In 
order  to  set  this  finish  soldiers  some- 
times apply  one  or  more  coats  of  alco- 
hol. This  transforms  the  oil  that  has 
been  rubbed  into  the  stock,  into  a  var- 
nish and  ruins  all  the  work  that  has 
been  done  on  the  piece. 

6.  It  is  forbidden  to  use  any  dressing  or 
polishing  material  on  the  leather  ac- 
coutrements or  equipments  of  the  sol- 
dier, the  horse  equipments  for  cavalry, 
or  the  artillery  harness,  except  the  prep- 
arations supplied  for  that  purpose  by 
the  Ordnance  Department.     (292) 

Q.  What  are  the  duties  of  a  company  com- 
mander with  respect  to  the  cooking  and 
messing  of  his  men? 

A.  1.  He  will  supervise  the  messing  and  cook- 
ing of  food  for  his  men. 

2.  He  will  see  that  his  company  is  pro- 
vided with  at  least  two  copies  of  the 
manual  for  Army  Cooks. 

3.  He  will  see  that  suitable  men  in  suffi- 
cient numbers  are  fully  instructed  in 
managing  and  cooking  the  ration  in  the 
field. 

4.  He  will  see  that  necessary  utensils 
and    implements,    in    serviceable    condi- 


Night   Operations 


19 


tion  for  cooking,  both  in  garrison  and 
in  the  field,  are  always  on  hand,  to- 
gether with  the  field  mess  furniture 
for  each  man.      (296) 

Q.  What  are  the  general  rules  for  the  ad- 
ministration  of   the   company   messf 

A.  1.  The  kitchen  will  be  placed  under  the 
immediate  charge  of  a  noncommissioned 
ofiicer,  who  will  be  held  responsible  for 
its  condition  and  for  the  proper  use  of 
rations. 

2.  No  one,  except  those  who  go  there  on 
duty,  or  are  employed  therein,  will  be 
allowed  to  visit  or  remain  in  the  kitchen. 

3.  The  greatest  care  will  be  observed  in 
cleaning  and  scouring  cooking  utensils. 

4.  The  food  of  prisoners  will  be  sent  to 
their  places  of  confinement,  when  prac- 
ticable, but  post  commanders  may  ar- 
range to  send  prisoners,  under  proper 
guard,  to  their  company  messes.     (297) 

Q.  What   departtnent  furnishes  kitchen  and 

tablezvare  and  mess  furniture? 
A.  The  Quartermaster's  Department.  Al- 
lowances are  announced  in  orders. 
Articles  broken,  lost  or  damaged  are 
charged  to  the  individuals  at  fault. 
(301) 
Q.  Of  what  does  the  field  mess  furniture  of 

the  soldier  consist f 
A.  It   is  limited  to  one   tin  cup,   one  knife, 
one   fork,    one   spoon   and   such    device 
for  cooking  as  may  be  furnished  by  the 
Ordnance     Department.       The     article 
now  provided  for  individual  cooking  is 
named  the  meat  can.     (302) 
Note. — There  is  probably  no  phase  of  com- 
pany administration  that  will  pay  such  large 
dividends     in     contentment,     happiness     and 
esprit  de   corps,   as   a  good   company   mess. 
The   company  commander   who  has   a  poor 
mess  will  have  a  poor  company.     The  per- 
sonnel   of    the    culinary    department    of    the 
company  consists  of  the  Mess  Sergeant,  who 
is   detailed   from   the  sergeants  of  the  com- 
pany :  two  cooks  appointed  by  the  company 
commander;  the  necessary  number  of  kitchen 
police,  detailed  daily  by  roster  from  the  pri- 
vates of  the  company;  a  dining  room  orderly, 
who    is.   as   a    rule,   detailed   by  the   month ; 
and  a  private  detailed  in  the  kitchen  to  learn 
cooking. 

The  Mess  Sergeant  is  in  charge  of  the  com- 
pany mess  under  the  supervision  of  the  com- 
pany commander.     Tie  makes  the  purchases 


of  supplies  and  provides  the  cooks  with  the 
materials  necessary  for  the  bill  of  fare  for 
each  meal.  He  sees  that  the  personnel  con- 
nected with  the  mess  perform  their  duties 
properly  and  that  the  food,  in  sufficient  quan- 
tity and  excellent  quality,  is  properly  pre- 
pared and  promptly  served  at  the  hour  desig- 
nated. 

The  company  cooks  are  selected  for  their 
special  qualifications.  They  receive  the  same 
pay  as  the  sergeants  and  in  many  cases  re- 
ceive special  training  for  the  work  in  one  of 
the  several  schools  for  army  cooks  main- 
tained by  the  War  Department. 

The  kitchen  police  are  charged  with  the 
scullery  work  of  the  kitchen.  They  prepare 
the  vegetables,  wash  and  dry  the  dishes, 
scrub  the  kitchen  utensils  and,  when  mess  is 
served,  act  as  waiters  in  the  dining  room. 

The  dining  room  orderly  is  charged,  under 
the  direction  of  the  mess  sergeant,  with  the 
care  of  the  tableware  and  table  equipment 
of  the  mess.  He  keeps  an  accurate  account 
of  all  articles  and,  when  any  are  broken, 
makes  report  of  same  in  order  that  it  may 
be  charged  against  the  person  at  fault.  He 
sees  that  the  tables  are  set  and  that  the  mess 
stools  are  in  place  at  the  proper  time.  He 
assists  in  waiting  on  the  table  during  mess 
hours  and  helps  to  wash  and  dry  the  dishes. 

The  private  detailed  in  the  kitchen  to  learn 
cooking  is  one  of  the  necessary  utilities  of 
the  companj'.  The  company  commander 
never  knows  when  he  is  going  to  lose  a  cook 
from  one  cause  or  another  and  it  is  abso- 
lutely necessary  to  have  available  a  man  who 
can  be  put  into  the  kitchen  and  who  is  capa- 
ble of  doing  the  work  in  a  satisfactory  man- 
ner should  one  of  the  cooks  be  absent.  There 
is  only  one  way  to  have  such  a  man  avail- 
able and  that  is  to  instruct  him  beforehand. 
The  far-sighted  company  commander  al- 
ways has  se\-eral  men  in  the  company  who 
have  received  training  in  the  kitchen. 

There  are  several  methods  of  making  the 
bill  of  fare  in  the  service.  Some  company 
commanders  have  the  mess  sergeant  make  up 
the  bill  of  fare  from  day  to  day,  and  submit 
that  for  the  succeeding  day,  at  the  morning 
inspection.  The  writer  has  used  the  fol- 
lowing method  with  success  over  a  period 
of  a  number  of  years :  Make  up  a  bill  of 
fare  providing  for  each  meal  from  Monday 
morning  at  breakfast  until  Sunday  night  at 
supper.     Repeat  this  bill  of  fare  each  week. 


20 


Night   Operations 


Change  the  items  from  time  to  time  accord- 
ing to  the  season  and  locality,  providing 
such  articles  of  food  as  the  market  affords. 
This  method  has  been  carefully  worked  out 
and  given  a  thorough  trial  under  varying 
conditions  of  the  service  and  has  proved 
eminently  successful.  If  you  ever  have  the 
opportunity,  give  it  a  fair  trial.  (Ed.) 
Q.  What  are  the  several  councils  of  admmis- 

trationf 
A.  1.  The  Post  Exchange  Council.  The 
Post  Exchange  Council  is  composed  of 
the  officer  in  charge  of  the  Post  Elx- 
change  and  the  commanding  officer  of 
each  organization  participating  in  the 
Exchange.  The  Council  meets  at  the 
end  of  each  month  and  at  other  times 
when  necessary.  They  audit  the  Post 
Exchange  fund,  and  examine  into  the 
methods  by  which,  and  the  sources 
from  which,  such  fund  has  accrued. 
As  a  rule  this  council  appoints  a  com- 
mittee of  its  members  for  consultation 
with  the  Post  Exchange  Officer  in  the 
conduct  of  the  business  of  the  Ex- 
change. The  Council  fixes  laundry 
charges  and  prices  to  be  charged  by 
company  tailors,  shoemakers,  etc.,  for 
making  repairs  to  uniforms. 

2.  The  Company  Council.  Composed  of  all 
officers  present  for  duty  with  the  com- 
pany. It  meets  on  the  last  day  of  each 
month.  It  audits  the  company  fund ; 
examines  into  the  sources  from  which 
the  company  fund  has  accrued ;  ap- 
proves the  expenditures  made  from  the 
fund  and  transacts  such  other  business 
as  may  be  necessary  with  respect  to  the 
expenditure  of  the  fund. 

3.  The  Aero  Squadron  Council.  Corre- 
sponds to  the  company  council  and  its 
duties  with  respect  to  the  fund  of  the 
aero  squadron  are  the  same.  It  is  com- 
posed of  the  squadron  commander,  the 
second  ranking  officer  in  the  squadron 
and  the  squadron  mess  officer. 

4.  The  Mess  Council.  Composed  of  the 
Mess  officer  and  the  commanders  of  the 
several  organizations  participating  in 
a  general  mess.  They  audit  the  mess 
funds  and  make  recommendations  for 
the  conduct  of  the  general  mess.  The 
general  mess  is  fast  disappearing  from 
the  service  so  that  the  necessity  for  the 


mess  council  will  soon  cease  to  exist. 
(316-321) 

Q.  What  action  is  taken  when  loss  of  regi- 
mental, company,  post  exchange  or  mess 
funds  occurs? 

A.  The  circumstances  must  be  carefully  in- 
vestigated and  reported  upon  by  a  board 
of  three  officers,  who  make  recommen- 
dations to  the  department  commander 
as  to  responsibility.     (321) 

Q.  What  limitation  zmth  respect  to  the  ex- 
penditure of  cotnpany,  regimental  and 
mess  funds  is  placed  upon  their  cus- 
todians? 

A.  The  purchase  of  any  article  which  can 
be  obtained  on  requisition  from  a  sup- 
ply department  is  forbidden,  except 
that,  with  the  approval  of  the  post  com- 
mander, such  articles  may  be  purchased 
if  necessity  exists  for  their  immediate 
use  and  they  are  not  on  hand  for  issue 
at  the  post.     (322) 

Q.  What  are  the  rules  governing  the  trans- 
fer of  regimental,  company  and  mess 
funds  from  one  officer  to  another? 

A.  1.  No  officer  is  permitted  to  take  these 
funds  away  from  the  post  where  the  or- 
ganization to  which  they  pertain  is  sta- 
tioned, except  for  deposit  in  a  bank,  or 
to  pay  indebtedness. 

2.  Should  the  officer  who  is  custodian  of 
any  of  these  funds  be  absent  from  the 
post  for  a  period  of  from  3  to  10  days, 
he  will  leave  the  funds  with  the  of- 
ficer acting  in  his  place,  taking  a  memo- 
randum receipt  therefor.  If  an  officer 
is  to  be  absent  for  more  than  10  days 
he  will  regularly  transfer  the  funds  to 
his  successor. 

3.  In  transferring  funds  to  a  successor, 
the  accountable  officer  will  enter  in  the 
council  book  a  statement  showing  all 
outstanding  indebtedness  and  will  enter 
and  sign  the  following  certificate : 

"  I  certify,  to  the  best  of  my  knowl- 
edge and  belief,  that  the  following  is  a 
complete  and  accurate  statement  of  all 
outstanding  debts  and  obligations,  to 
date,  payable  from  this  fund." 

In  case  there  are  no  outstanding  debts 
or   obligations    he   will    certify   accord- 
ingly.     (324) 
Q.  Under    what    designation    are    company 
funds  deposited  in  a  bank? 


Night    Operations 


A.  They  will  be  placed  under  their  official 
designation.  For  example  :  "  Company 
Fund,  Company  '  H,'  29th  Infantry." 
They  will  not  be  placed  to  the  credit 
of  the  officer  who  is  the  custodian. 
(324) 

Q.  From  what  sources  do  the  regimental 
fund  accrue t 

A.  1.  The  percentage  received  from  band 
engagements.  This  is  usually  10  per 
cent  of  the  gross  amount  received. 

2.  The  percentage  of  the  Post  Exchange 
profits.  The  regulations  require  that 
when  a  dividend  is  declared  by  the  Post 
Exchange,  at  least  5  per  cent,  and  as 
much  more  as  the  council  will  allow, 
will  be  paid  over  to  the  regimental  fund. 

3.  From  contributions.  In  some  organiza- 
tions the  officers  contribute  one  day's 
pay  each  year  to  the  regimental   fund. 

4.  From  any  other  legitimate  source. 
(325) 

Q.  Who  is  the  custodian  of  the  regimental 
fund? 

A.  The  adjutant  of  the  regiment.     (325) 

Q.  From  what  sources  do  the  company  fund 
accrue f 

A.  1.  Savings  on  rations.  This  money  is  ac- 
counted for  under  the  mess  section  of 
the  company  fund. 

2.  The  amounts  received  from  Post  Ex- 
change Dividends.  When  the  profits  of 
the  Post  Exchange  show  a  balance  over 
and  above  the  outstanding  liabilities 
the  council  usually  distributes  this 
money  by  declaring  a  dividend  which  is 
paid  to  the  companies  on  the  basis  of 
the  stock  held,  or  according  to  the 
amount  expended  in  the  exchange  by  the 
members  of  tlie  company,  or  a  com- 
bination of  the  two  methods. 

3.  All  other  moneys  accruing  from  per- 
centages or  profits  from  pool  and  bil- 
liard tables  installed  in  the  company 
library  and  amusement  room  and  from 
tailor  and  barber  shops.     (327) 

O.  Who    is    the   custodian    of   the    comt>any 

fund? 
A.  The  company  commander.     (327) 

Note. — The  company  fund  is  divided  into 
two  classes,  the  general  fund  and  the  mess 
fund.  The  mess  fund  accrues  from  savings 
that  may  be  made  on  rations  and  it  may  be 
expended  only  for  articles  or  supplies  that 
are  consumed  or  used  exclusively  in  the  com- 


pany mess.  The  general  fund  consists  of  all 
other  moneys  accruing  to  the  company,  and 
may  be  expended  for  any  article  for  the 
benefit  of  the  whole  company  which  cannot  be 
supplied  by  a  supply  department.  When  the 
mess  fund  of  a  company  runs  low,  money 
from  the  general  fund  may  be  borrowed  to 
replenish  it.  The  reverse  of  this  rule  does  not 
hold. 

Q.  What  is  a  roster? 

A.  A  roster  is  a  list  of  officers  and  men  for 
duty,    with   a   record   of   the   duty  per- 
formed by  each. 
Note. — Generally  details  for  duty  are  made 
so  that  the  one   longest  off  is  the  first   for 
detail.     Details  so  made  are  said  to  be  made 
by  roster.     (355) 

Q.  What  are  the  classes  of  duty  performed 

by  roster? 
A.  1.  Outposts. 

2.  Interior  guards,  including  stable  guards. 

3.  Detachments  to  protect  laborers  on 
military  works. 

4.  Armed  working  parties  on  such  works. 
The    above    constitute    duties    of    the    first 

class.     Soldiers  march  armed  and,  if  neces- 
sary, fully  equipped  on  all  duties  of  this  class. 
The  second  class  comprises  all  other  duties 
and  fatigue,  in  or  out  of  the  garrison  or  camp. 
The  rosters  are  distinct  for  each  class.    (357) 
Q.  What  are  the  several  duty  rosters? 
A.  1.  Lieutenant-colonels     and     majors     are 
on  one  roster,  and  may  be  detailed  when 
the  importance  of  the  duty  requires  it. 
In  the  field,  their  roster  is  kept  at  divi- 
sion and  brigade  headquarters. 

2.  Captains  form  one  roster  and  are  ex- 
empt from  ordinary  fatigue  duties. 

3.  Lieutenants  form  one  roster,  but  when 
conditions  make  it  advisable  captains 
and  lieutenants  may  be  placed  on  one 
roster,  or  one  or  more  of  the  senior 
lieutenants  may  be  placed  on  the  cap- 
tains' roster. 

4.  Sergeants,  corporals,  musicians  and 
privates  form  distinct  rosters.      (358) 

Q.  What  rules  govern  the  performance  of 
duty  by  roster? 

A.  In  making  details  by  roster,  an  officer  or 
enlisted  man  is  each  day  charged  with 
the  number  of  days  that  he  has  remained 
present  and  available  since  the  beginning 
of  his  last  tour.  Departures  from  this 
rule    may   be    authorized    by    the    com- 


m 


Night   Operations 


manding  officer   whenever  a   strict  ap- 
plication would  allow  improper  advan- 
tage or  work  hardship.     (360) 
Q.  When  are  credits  given  for  tours  of  duty? 
A.  1.  Duties  of  the  first  class  are  credited  on 
the  roster  when  the  guards  or  detach- 
ments have  passed  the  chain  of  sentinels, 
or    an    interior   guard   has    reached   its 
post. 
2.  Duties  of  the  second  class  are  credited 
when    those    detailed    therefor      have 
entered  upon  their  performance. 
Note. — Except   in   case   of   emergency   no 
duty  is  required  of  the  old  Officer  of  the  Day 
or  the  old  guard  until  four  hours  after  they 
have  been  relieved.     (362) 
Q.  What   rules  govern   the   daily  service   in 

garrison  or  camp? 
A.  1.  There  will  be  daily,  Sundays  and  holi- 
days  excepted,    at   least   two   roll-calls, 
viz. :  Reveille  and  retreat. 
Note. — The  roll  is  called  on  the  company 
parade  by  the  First  Sergeant,  superintended 
by  a  commissioned  officer.    In  camp  the  squad 
leaders  report  their  squads,  in  lieu  of  the  roll 
call   prescribed    for    garrison.      When    com- 
panies are  quartered  together  or  in  contigu- 
ous barracks,  one  officer  may  superintend  the 
roll  call  of  two  or  more  companies.    This  is 
usually  done  by  the  officer  of  the  day. 

2.  Ordinarily  there  will  not  be  any  forma- 
tion at  tattoo.  The  call  will  be  sounded, 
and  15  minutes  thereafter,  lights  in 
squad  rooms  will  be  extinguished  and 
loud  talking  and  noises  will  cease. 

3.  Call  to  quarters  will  be  sounded  at  10.45 
P.M.,  and  taps  at  11.  At  taps  all  lights 
not  authorized  by  the  commanding 
officer  will  be  extinguished. 

4.  Reveille  roll-call  in  garrison  will  not 
ordinarily  take  place  earlier  than  5.30 
A.M.,  in  summer,  nor  6.30  a.m.,  in  win- 
ter. On  Sundays  and  holidays  reveille 
roll  call  may  be  dispensed  with.    (370) 

Q.  What  are  the  regulations  governing  the 
time  of  the  soldier's  mess? 

A.  1.  For  breakfast,  thirty  minutes  after  re- 
veille roll  call. 

2.  For  dinner,  not  earlier  than  12  and  not 
later  than  12.15. 

3.  For  supper,  not  earlier  than  5  and  not 
later  than  6.30  p.m. 

4.  Meals  are  required  to  be  served 
promptly  at  the  hours  appointed.  The 
men  will  be  allowed  at  least  20  minutes 


for    breakfast    and    supper    and    thirty 
minutes  for  dinner.     (371) 
Q.  With  what  military  honors  are  the  Presi- 
dent and  Vice-president  received? 
A.  With     regimental     colors     or     standards 
drooping,   officers   and   troops   saluting, 
and     the    bands     playing     "  The     Star 
Spangled  Banner,''  or  in  the  absence  of 
a  band,  the  field  music  or  bugles  sound- 
ing "to  the  color."     (375) 
Q.  With  what  military   honors  are   General 

officers  of  the  Army  received? 
.A..  Officers  of  the  following  grades  of  rank 
will  be  received  with  regimental  stand- 
ards or  colors  drooping,  officers  and 
troops  saluting  and  the  bands  or  field 
music  playing  as  follows  : 

(a)  The     General :     The     General's 

March. 
{b)  The      Lieutenant      General: 
trumpets  sounding  three  flour- 
ishes,  or   drums   beating  three 
ruffles, 
(r)   A     Major     General:      trumpets 
sounding     two     flourishes,     or 
drums   beating  two  ruffles. 
id)   A    Brigadier    General:   trumpets 
sounding  one  flourish,  or  drums 
beating  one  ruffle.      (375) 
O.  What  military  honors  are  rendered  to  the 

National  Color? 
A.  1.  The  National  or  Regimental  Color  or 
Standard,  uncased,  passing  a  guard  or 
other  armed  body  will  be  saluted,  the 
field  music  sounding  "  to  the  color  "  or 
"  to  the  standard." 
2.  Officers  and  enlisted  men  passing  the 
uncased  color  will  render  the  prescribed 
salute ;  with  no  arms  in  the  hand,  the 
salute  will  be  the  hand  salute,  using  the 
right  hand.    The  head  dress  will  not  be 
removed.     {?>77) 
Q.  Whenever  "The  Star  Spangled  Banner" 

is  played,  zvhat  action  is  taken? 
A.  Whenever  "  The  Star  Spangled  Banner  " 
is  played  at  a  military  station  or  at  any 
place  where  persons  belonging  to  the 
military  service  are  present  in  their  of- 
ficial capacity  or  present  unofficially  but 
in  uniform,  all  officers  and  enlisted  men 
will  stand  at  attention,  facing  towards 
the  music,  except  at  retreat,  when  they 
will  face  towards  the  flag,  retaining  that 
position  until  the  last  note  of  the  air, 
and  then  salute.     With  no  arms  in  the 


Night   Operations 


23 


hand  the  salute  will  be  the  hand  salute. 
Note. — The  same  respect  is  required  to  be 
paid  towards  the  national  air  of  any  other 
country,  when  it  is  played  as  a  compliment 
to  the  official  representatives  of  such  country. 
(378) 
Q.  lyhat  rules  govern  military  courtesies  and 

salutes   betzveen   officers f 
A.  1.  When  making  or  receiving  official  re- 
ports,   all   officers    will    salute,   if    cov- 
ered; if  uncovered,  they  stand  at  atten- 
tion. 

2.  When  under  arms,  the  salute  is  made 
with  the  sabre,  if  drawn :  otherwise  with 
the  hand. 

3.  On  meeting,  all  officers  when  covered 
salute ;  when  uncovered,  they  exchange 
the  courtesies  observed  between  gentle- 
men. 

4.  Military  courtesy  requires  the  junior 
to  salute  first,  but  when  the  salute  is 
introductory  to  a  report  made  at  a  mili- 
tary ceremony  or  formation  to  the  rep- 
resentative of  a  common  superior — for 
example:  to  the  adjutant,  officer  of  the 
day,  etc. — the  officer  making  the  report, 
whatever  his  rank,  will  salute  first. 
The  officer  to  whom  the  report  is  made 
will  acknowledge,  by  saluting  if  cov- 
ered, or  verbally,  if  uncovered,  that  he 
has  received  and  understood  the  report. 
(381) 

Q.  What  rules  govern  the  ^nilitary  salutes  of 
enlisted  men? 

A.  1.  Uncovering  is  not  a  form  of  the  pre- 
scribed salute.  The  hand  salute  is  ex- 
ecuted only  when  covered. 

2.  When  an  enlisted  man  with  no  arms  in 
hand  passes  an  officer,  he  salutes  with 
the  right  hand.  Officers  are  saluted 
whether  in  uniform  or  not. 

3.  An  enlisted  man  armed  with  the  sabre 
and  out  of  ranks,  salutes  all  officers  with 
the  sabre,  if  drawn,  otherwise  he  salutes 
with  the  hand.  If  on  foot,  and  armed 
with  a  rifle,  he  makes  the  rifle  salute. 
Except  in  the  field,  in  campaign  or  under 
simulated  campaign  conditions.  a 
mounted  soldier  dismounts  before  ad- 
dressing an  officer  not  mounted. 

4.  A  noncommissioned  officer  or  private  in 
command  of  a  detachment  without 
arms,  salutes  all  officers  with  the  hand, 
but  if  the  detachment  be  on  foot  and 
armed  with  the  rifle,  he  makes  the  rifle 


salute  and,  if  armed  with  the  sabre,  he 
salutes  \yith  it. 

5.  An  enlisted  man,  if  seated,  rises  on  the 
approach  of  an  officer,  faces  towards 
him  and,  if  covered,  salutes.  If  un- 
covered, he  stands  at  attention.  If 
standing,  he  faces  the  officer  for  the 
same  purpose.  If  the  parties  remain  in 
the  same  place  or  on  the  same  ground, 
such  compliments  need  not  be  repeated. 

6.  Soldiers  actually  at  work  do  not  cease 
work  to  salute  an  officer  unless  they  are 
addressed  by  him. 

7.  Before  addressing  an  officer,  an  en- 
listed man  makes  the  prescribed  salute 
with  the  weapon  with  which  he  is  armed, 
or,  if  unarmed  and  covered,  with  the 
hand.  He  also  makes  the  same  salute 
after  receiving  a  reply.  If  uncovered, 
he  stands  at  attention  without  salut- 
ing. 

8.  Indoors,  except  under  the  conditions 
stated  below,  an  unarmed  enlisted  man 
uncovers  and  stands  at  attention  on  the 
approach  of  an  officer.  If  armed  he 
salutes  as  heretofore  stated.  On  all  oc- 
casions outdoors,  and  also  in  public 
places,  such  as  stores,  theatres,  railway 
and  steamboat  stations  and  the  like,  the 
salute  to  any  person  whatever  by  offi- 
cers and  enlisted  men  in  uniform  with 
no  arms  in  the  hand,  whether  on  or  oflF 
duty,  shall  be  the  hand  salute,  the  right 
hand  being  used,  the  headdress  not 
being  removed. 

9.  When  an  officer  enters  the  room  where 
there  are  soldiers,  the  word  "  Attention  " 
is  given  by  someone  who  perceives  him. 
when  all  rise  and  remain  standing  at 
attention  until  the  officer  leaves  the 
room.     Soldiers  at  meals  do  not  rise. 

10.  Soldiers  at  all  times  and  in  all  situa- 
tions pay  the  same  compliments  to  offi- 
cers of  the  Army,  Navy,  Marine  Corps, 
and  Volunteers,  and  to  officers  of  the 
Organized  Militia  in  uniform,  as  to  offi- 
cers of  their  own  corps,  regiment,  or 
arm   of  the  service. 

11.  Officers  will  always  acknowledge  the 
courtesies  of  enlisted  men  by  returning 
their  salutes.  When  several  officers  in 
company  are  saluted,  all  return  the 
salute.     (382-391) 

Q.  What  are  the  general  rules  regarding  the 
time  of  firing  of  salutes  with  cannon? 


24 


Night   Operations 


A.  1.  Salutes  will  not  be  fired  between  sunset 
and  sunrise,  nor  on  Sunday,  unless  re- 
quired by  international  courtesy.  As  a 
general  rule  they  will  be  fired  between 
8  A.M.,  and  sunset. 
2.  The  National  Flag  will  always  be  dis- 
played at  the  time  of  firing  a  salute. 
(393) 

Q.  What  is  the  National  Salute? 

A.  Twenty-one  guns.  The  National  Salute  is 
fired  at  12  o'clock  noon,  on  Memorial 
Day,  May  30th,  at  all  posts  and  stations 
provided   with   artillery.      (398) 

Q.  What  is  the  Salute  to  the  Union? 

A.  The  Salute  to  the  Union  consists  of  one 
gun  for  each  State.  It  is  commem- 
orative of  the  Declaration  of  Inde- 
pendence and  is  fired  at  12  o'clock  noon 
on  July  4th,  at  every  post  of  the  Army 
provided  with  suitable  artillery.     (398) 

Q.  What  salute  is  rendered  to  the  President? 

A.  The  President,  both  upon  his  arrival  at, 
and  departure  from,  a  military  post,  or 
when  in  its  vicinity,  receives  a  salute  of 
21  guns.  No  other  personal  salute  is 
fired  in  his  presence.  (400) 

Q.  What  rules  govern  the  raising  and  lower- 
ing of  the  flag  at  a  military  post? 

A.  The  flag  is  hoisted  at  the  sounding  of  the 
first  note  of  the  reveille,  or  at  the  first 
note  of  the  march,  if  a  march  be  played 
before  the  reveille. 
The  flag  will  be  lowered  at  the  sounding 
of  the  last  note  of  retreat,  and  while  the 
flag  is  being  lowered  the  band  will  play 
"  The  Star  Spangled  Banner "  or,  if 
there  be  no  band  present,  the  field  music 
will  sound  "to  the  color."  When  "to 
the  color  "  is  being  sounded  by  the  field 
music  and  the  flag  is  being  lowered,  the 
same  respect  will  be  observed  as  when 
"The  Star  Spangled  Banner"  is  being 
played  by  the  band.  In  either  case, 
officers  and  enlisted  men  out  of  ranks 
will  face  towards  the  flag,  stand  at  at- 
tention, and  render  the  prescribed  salute 
at  the  last  note  of  the  music. 
Note. — The  flag  is  hoisted  at  reveille  and 

lowered  at  retreat  by  a   detachment  of  the 

guard,  consisting  of  a  noncommissioned  offi- 
cer and  two  privates..    (437) 

Q.  What  are  the  rules  governing  the  muster 
of  troops? 

A.  1.  Troops   will  be  mustered   for  pay  on 


the  last  day  of  each  month  unless  other- 
wise ordered  by  the  War  Department. 

2.  Each  stated  muster  will,  when  prac- 
ticable, be  preceded  by  a  minute  and 
careful  inspection. 

3.  If  the  command  consists  of  more  than 
one  company,  the  inspection  will  be  pre- 
ceded by  a  review. 

4.  If  the  day  for  muster  falls  on  Sun- 
day, the  review  and  inspection  will  be 
omitted.     (439) 

Q.  Describe  the  military  ceremony  at  a  mili- 
tary post  on  Memorial  Day? 

A.  1.  On  Memorial  Day,  May  30th,  at  all 
Army  posts  and  stations,  the  national 
flag  will  be  displayed  at  half-staff  from 
reveille  till  midday.  Immediately  be- 
fore noon  the  band,  or  field  music,  will 
play  some  appropriate  air,  and  the  Na- 
tional Salute  of  21  guns  will  be  fired  at 
12  o'clock  noon  at  all  posts  provided 
with  artillery. 

2.  At  the  close  of  this  memorial  tribute, 
at  noon,  the  flag  will  be  hoisted  to  the 
top  of  the  staff  and  remain  there  until 
retreat. 

3.  When  the  flag  has  been  hoisted  to  the 
top  of  the  staff',  it  will  be  saluted  by 
playing  one  or  more  appropriate  patri- 
otic airs.     (400) 

Q.  Distinguish    between   property   accounta- 
bility and  property  responsibility? 
A.  1.  Property  accountability.     When  an  of- 
ficer receives  public  property  for  which 
he  is  required  to  render  periodical  re- 
turns, he  is  said  to  be  accountable  for 
the  property. 
2.  Property  responsibility.     When  an  of- 
ficer receives  public  property  for  which 
he  is  not  required  to  render  a  return, 
he    is    said   to    be    responsible    for   the 
property. 
Note. — Under    the    existing   system,    com- 
pany commanders  are  only  accountable  for 
the  property  which   forms  the  Unit  Equip- 
ment of  his  company.     This  consists  of  cer- 
tain articles  of  Ordnance  and   Signal  prop- 
erty.   All  of  the  other  equipment  of  the  com- 
pany is  issued  by  the  Quartermaster  or  Ord- 
nance Officer  on  memorandum  receipt  and  the 
company  commander  is  only  responsible — not 
accountable — for    it.     With    respect    to    this 
class    of    property,    the    Quartermaster    and 
Ordnance    Officer    are    accountable    because 
they  are  required  to  render  periodical  returns 


Niglit   Operations 


25 


for  the  property  to  the  chiefs  of  their  re- 
spective departments.  A  responsible  officer 
is  not  relieved  from  responsibility  for  public 
property  for  which  he  has  given  memoran- 
dum receipts  until  he  has  returned  the  prop- 
erty to  the  accountable  officer  or  has  secured 
memorandum  receipts  from  his  successor,  or 
until  he  has  been  otherwise  relieved  by  the 
operation  of  regulations  or  orders.  (657- 
Ed.) 

Q.  What  rules  govern  the  transfer  of  prop- 
erty from  one  officer  to  another? 
A.  1.  If  the  officer  in  charge  of  the  public 
property  of  a  command  (not  property 
pertaining  to  a  company  or  detachment) 
is,  by  order,  leave  of  absence,  or  an\' 
other  cause,  separated  from  it,  the  com- 
manding officer,  or  another  officer  desig- 
nated by  him,  will  receipt  and  account 
for  it. 
2.  A  company  or  detachment  commander 
is  responsible  for  all  property  pertain- 
ing to  his  company  or  detachment,  and 
will  not  transfer  his  accountability 
therefor  to  a  successor  during  periods 
of  absence  of  less  than  a  month  unless 
so  ordered  by  competent  authority. 
When  such  absence  exceeds  a  month, 
the  question  of  responsibility  will  be  de- 
termined by  proper  authority.  (659) 
Q.  What  is  the  status  of  an  officer  with  re- 
spect to  the  property  responsibility, 
ivhen  he  is  in  temporary  command  of 
the  company? 
A.  The  officer  in  temporary  command  of  a 
company  is  responsible  for  the  property 
pertaining  thereto  whether  he  receipts 
for  it  or  not.  (662) 
Q.  May  property  responsibility  be  transferred 

to  enlisted  men? 
A.  The  property  responsibility  of  a  company 
commander  cannot  be  transferred  to  an 
enlisted  man.  It  is  his  duty  to  attend 
personally  to  its  security.  (663) 
Q.  Describe  the  procedure  in  the  transfer  of 
public  property  from  one  officer  to 
another? 
A.  Accountability.  The  return  for  the  prop- 
erty is  made  out  and  the  receiving  of- 
ficer enters  thereon  a  statement  that  all 
the  property  accounted  for  as  on  hand 
and  transferred  to  successor  has  been 
received  by  him.  The  transferring  of- 
ficer will  similarly  enter  on  the  return 
a   statement   that   all    the   propert)'  has 


been  transferred  to  his  successor  and 
actually  turned  over  to  him. 
Responsibility :  The  officer  transferring 
the  property  procures  a  memorandum 
receipt  from  his  successor  for  the  prop- 
erty. He  takes  this  to  the  officer  ac- 
countable for  the  property,  turns  it  over 
to  him  and  receives  his  old  receipts, 
which  transaction  ends  his  responsi- 
bility.    (665) 

Q.  What  action  is  taken  by  an  officer  on  the 
receipt  of  public  property  which  has 
been  invoiced  to  him  or  for  which  he  has 
given  memorandum  receipts? 

A.  1.  He  will  make  a  careful  examination  of 
the  property  to  ascertain  its  quantity 
and  condition,  but  will  not  break  origi- 
nal packages  until  issues  are  to  be  made, 
unless  he  has  reason  to  believe  the  con- 
tents defective. 

2.  Should  he  find  defects  or  shortage  he 
will  apply  for  a  survey  to  fix  the  re- 
sponsibility. 

3.  Should  he  consider  the  property  unfit 
for  use  he  will  submit  inventories  in 
duplicate  and  request  the  action  of  an 
inspector.     (668) 

Q.  How  will  public  property  be  branded  be- 
fore it  is  used? 

A.  It  will  be  branded  "  U.  S."     (676) 

Q.  With  reference  to  its  disposition,  into  what 
classes  is  unserviceable  property 
divided? 

A.  1.  Property  worn  out  by  fair  wear  and 
tear  in  the  service  which  has  no  salable 
value. 

2.  Property  worn  out  by  fair  wear  and 
tear  in  the  service  which  presumably 
has  some  salable  value. 

3.  Property  which  has  been  rendered  un- 
serviceable from  causes  other  than  fair 
wear  and  tear  in  the  service. 

Property  of  the  first  class  may  be  submitted 
to  a  surveying  officer  and  destroyed,  or  it 
may  be  submitted  to  an  inspector  without 
the  prior  action  of  a  surveying  officer. 

Property  of  the  second  class  will  be  sub- 
mitted to  an  inspector  without  the  prior  ac- 
tion of  a  surveying  officer. 

Property  of  the  third  class  will  be  sub- 
mitted for  the  action  of  a  surveying  officer 
and,  unless  destroyed,  will  subsequently  be 
submitted  to  an  inspector. 

Note. — In  the  case  of  unserviceable  prop- 
erty worn  out  by  fair  wear  and  tear  in  the 


26 


Night   Operations 


service  and  which  has  no  salable  value,  sur- 
vey reports  will  be  made  out  and  disposed  of 
as  indicated  heretofore.    If  the  surveying  of- 
ficer finds  the  conditions  as  stated  he  will  find 
that  "  the  property  is  not  fit  for  further  use 
in  the  military  service;  that  its  condition  is 
due  to  fair  wear  and  tear  in  the  service,  and 
that  it  has  no  salable  value."    He  will  recom- 
mend   "  that    the    property    be    destroyed." 
When  the  commanding  officer  approves  such 
finding  and  recommendation  he  will  call  for 
the  property  to  be  submitted  to  him  for  ex- 
amination   and    after    examining    same    will 
order  it  destroyed  and  detail  an  officer  to  wit- 
ness the  destruction.    The  property,  with  the 
survey  report,  is  then  turned  over  to  the  of- 
ficer who  witnesses  the  destruction  of  same 
and  certifies  at  the  bottom  of  page  3  of  the 
report  to  such   destruction.     Two  copies  of 
the    report   are   then    forwarded    to   the    ac- 
countable officer  to  be  used  as  vouchers  to  his 
returns  and  the  third  copy  forwarded  to  head- 
quarters of  the  territorial  department  for  ad- 
ministrative examination  and  file.     (678-Ed.) 
Q.  How  is  the  cause  of  damage  to,  and  the 
loss  and  destruction  of,  military  prop- 
erty classified? 
A.  1.  Unavoidable  causes,  being  those  over 
which  the  responsible  officers  have  no 
control,  occurring   (a)   in  the  ordinary 
course  of  service,  or  (b)  as  an  incident 
to  an  active  campaign. 
2.  Avoidable  causes,  those  due  to  careless- 
ness, wilfulness  or  neglect.      (682) 
Q.  To  what  extent  are  oificers  who  hold  pub- 
lic property   in    their  custody   held   re- 
sponsible? 
A.  Officers    responsible    for    public   property 
will  be  charged  for  any  damage  to,  or 
destruction    of,    the    same,    and    money 
value     will    be     deducted     from     their 
monthly  pay   unless  they  show  to  the 
satisfaction  of  the  Secretary  of  War,  by 
their  own  affidavits,  or  by  their  certifi- 
cates supported  by  affidavits  of  others, 
that  the  damage,  loss  or  destruction  was 
occasioned  by  unavoidable  causes   and 
without  fault  or  neglect  on  their  part. 
(683) 
Q.  How  is  property  expended  in  the  military 

service  accounted  for? 
A.  Public  property  expended  in  the  military 
service    will   be    accounted    for   by   the 
certificate    of    the    accountable    officer. 
These    certificates    will    accompany   the 


return  covering  the  period  in  which  the 
expenditure  occurred.     (683) 

Q.  What  action  is  taken  with  respect  to  clear- 
ing property  returns  of  property  lost  or 
damaged  by  a  soldier  7vho  has  been  tried 
and  convicted  of  the  offense? 

A.  When  an  enlisted  man  has,  by  a  court- 
martial,  been  convicted  of  losing  or 
damaging  public  property,  the  officer  ac- 
countable for  the  property  will  send  with 
his  property  return  a  certified  copy  of 
so  much  of  the  court-martial  order  as 
refers  to  the  case,  giving  number,  date 
and  place  of  issue  of  the  order,  and 
stating  on  the  face  of  said  copy  the  rolls 
on  which  the  charges  were  made.    (685) 

Q.  What  happens  when  an  ofhcer  fails  to 
render  returns  for  property  for  which 
he  is  accountable? 

A,  Should  an  officer  charged  with  public 
property  fail  to  render  the  returns  pre- 
scribed therefor  within  a  reasonable 
time,  a  settlement  of  his  accounts  will 
be  made  by  the  proper  bureau  of  the 
War  Department,  and  the  money  value 
of  the  property  with  which  he  is  charged 
will  be  reported  against  him  for  stop- 
page.    (700) 

Q.  What  administrative  action  is  taken  with 
respect  to  returns  for  property  when 
they  are  received  in  the  office  of  the 
Chief  of  the  bureau  to  which  they  per- 
tain ? 

A.  1.  As  soon  as  practicable  after  the  receipt 
of  a  return  it  will  be  examined  and  the 
officer  making  the  return  will  be  noti- 
fied of  all  errors  and  irregularities  found 
therein  and  granted  three  months  to  cor- 
rect them. 

2.  Suspensions  or  disallowances  will  not 
be  made  on  account  of  slight  informali- 
ties which  do  not  affect  the  validity  of  a 
voucher,  but  the  officer's  attention  may 
be  called  to  them. 

3.  Whenever  the  errors  have  been  cor- 
rected or  compensation  has  been  made 
for  the  deficiencies,  and  the  action 
of  the  bureau  chief  is  sustained  or  modi- 
fied by  the  Secretary  of  War,  the  return 
will  be  regarded  as  settled,  and  the  of- 
ficer who  rendered  it  will  be  notified 
accordingly.     (702) 

Q.  What  action  is  taken  with  respect  to  pub- 
lic  property   which   lias   been   damaged 


Night   Operations 


27 


by  causes  other  than  fair  wear  and  tear 
or  is  unsuited  for  the  service? 

A.  Before  being  submitted  to  an  inspector 
for  condemnation  it  will  be  surveyed  by 
a  disinterested  oflicer.     (710) 

Q.  What  action  should  be  included  in  the  in- 
vestigation of  a  surveying  officer? 

A.  1.  The  surveying  officer  must  fully  in- 
vestigate matters  submitted  to  him. 

2.  He  will  call  for  all  evidence  obtainable 
and  will  not  limit  his  inquiries  to  proofs 
or  statements  presented  by  parties  at 
interest. 

3.  He  will  rigidly  scrutinize  the  evidence, 
especially  in  cases  of  alleged  theft  or 
embezzlement,  and  will  not  recommend 
the  relief  of  officers  or  soldiers  from 
responsibility  unless  fully  satisfied  that 
those  charged  with  the  care  of  property 
have  performed  their  whole  duty  in  re- 
gard to  it. 

4.  He  should  hear,  in  person  or  by  deposi- 
tion, all  persons  concerned  in  the  sub- 
ject matter  before  him.     (711  and  712) 

Q.  Within  what  period  of  time  must  an  of- 
ficer call  for  a  survey  on  property  which 
he  finds  unserviceable? 

A.  Within  thirty  days,  unless  exceptional  cir- 
cumstances prevent  such  action.    (713) 

Q.  What  is  the  scope  of  the  duties  that  a 
survey  officer  may  be  called  upon  to  per- 
form? 

A.  1.  He  will  ascertain  and  report  facts,  sub- 
mitting opinions  and  making  recom- 
mendations upon  questions  of  responsi- 
bility w-hich  may  arise  through  acci- 
dent, mistake  or  neglect. 

2.  He  investigates  and  determines  ques- 
tions involving  the  character,  amount 
and  cause  of  damage  or  deficiency  which 
public  property  may  have  sustained  in 
transit,  store  or  use,  and  which  is  not 
the  result  of  ordinary  wear  and  tear  in 
the  service,  and  reports  the  investiga- 
tion made,  his  opinions  thereon,  and 
fixes  the  responsibility  for  such  damage 
or  deficiency  on  the  proper  party. 

3.  He  makes  inventories  of  property 
ordered  abandoned  when  the  articles 
have  not  been  enumerated  in  the  order 
for  abandonment. 

4.  He  recommends  the  prices  at  which 
damaged  clothing  may  be  issued  and  the 
proportion  in  which  supplies  shall  be 
issued  in  consequence  of  damage  or  de- 


terioration that  renders  them,  at  the 
usual  rate,  unequal  to  the  regulation  al- 
lowance, fixing  in  each  instance  the  re- 
sponsibility for  actual  condition. 
5.  He  verifies  the  discrepancy  between  in- 
voices and  actual  quantity  or  descrip- 
tion of  property  transferred  from  one 
officer  to  another,  fixes  definitely 
amounts  for  which  the  receiving  offi- 
cer must  receipt,  and  ascertains,  as  far 
as  possible,  when  and  how  the  discrep- 
ancy  has   occurred.      (715) 

Q.  What  classes  of  property  may  be  de- 
stroyed on  the  approved  finding  and 
recommendation  of  a  surveying  officer? 

A.  1.  Clothing  infected  with  contagious  dis- 
ease. 

2.  Stores  that  have  become  so  deteriorated 
as  to  endanger  health  or  injure  other 
stores. 

3.  Unserviceable  property  of  no  salable 
value.  (The  decision  of  the  command- 
ing officer  will  be  final  as  to  whether 
such  property  has  salable  value.) 

Note. — When  the  application  of  this  regu- 
lation to  ordnance  stores  brings  the  total  for 
a  quarter  for  any  organization,  in  excess  of 
the  amounts  hereafter  given,  the  approval  of 
the  next  higher  administrative  commander, 
shall  first  be  obtained. 

Cavalry    troops,    and    engineer    and 

signal  companies,  $300.00. 
Batteries  of  field  artillery,  $500.00. 
Companies  of  infantry  and  coast  ar- 
tillery and  all  other  cases  $150.00. 
(717) 
Q.  To  what  extent  are  approved  survey  re- 
ports considered  as  vouchers  to  prop- 
erty returns? 
A.  They  are  not  to  be  considered  as  conclu- 
sive until  accepted  by  the  Secretary  of 
War.      Until    then,    they    are    regarded 
simply  as  the  opinions  and  recommenda- 
tions of  disinterested  officers,  to  aid  in 
the  settlement  of  questions  of  accounta- 
bility between  the  Government  and  the 
individuals  concerned.     If,  on  examina- 
tion in  the  proper  bureau,  they  exhibit 
serious  errors,  or  defects,  either  of  in- 
vestigation or  of  finding,  they  will  not 
be  accepted  as  sufficient  vouchers,  and 
the  officer  submitting  them  will  be  duly 
notified,   so   that   he    may   have   oppor- 
tunity to  make  explanation  or  appeal  to 
the  Secretary  of  War.     (722) 


28 


Night   Operations 


Q.  What  administrative  action  is  taken  when 
a  surveying  ofRcer  recommends  stop- 
page against  an  enlisted  man? 

A.  The  appointing  autliority  will  cause  a 
copy  of  the  report  of  the  survey  to  be 
furnished  to  the  company  commander, 
who  will  charge  the  amount  on  the  next 
pay-roll  of  the  company.      (724) 

Q.  When  an  inspection  of  property  follows  a 
survey  of  it,  what  disposition  is  vtade  of 
the  survey  report? 

A.  One  copy  of  the  proceedings  will  accom- 
pany the  Inventory  and  Inspection  Re- 
port which  is  transmitted  for  approval, 
and  will  afterwards  be  returned  to  be 
used   as  a  voucher  to  the  officer's   re- 


turns, and  another,  with  the  Inventory 
and  Inspection  Report,  will  be  filed  by 
the  officer  with  his  retained  papers. 
(725) 

Q.  What  are  the  general  rules  regarding  of- 
ficial correspondence  in  the  Ar)Hy? 

A.  1.  An  official  letter  should  refer  to  one 
subject  only. 

2.  Letters  of  transmittal  will  be  used  only 
when  necessary,  and  when  used  must 
refer  only  to  the  matter  transmitted. 
None  are  required  with  rolls,  returns, 
estimates,  requisitions  or  periodical  re- 
ports. 

3.  The  following  is  the  form  of  official 
correspondence  in  use  in  the  service. 


427 — Broadway, 
New  York  City,  N.  Y.,  October  20,  1916. 
From :  John  Doe. 

To :    The  Commanding  General,  Eastern  Department,  Governor's  Island,  N.  Y. 
Subject:    Examination  for  Officers'  Reserve  Corps. 

1.  Information  is  requested  as  to  the  date  on  which,  and  the  place  at  which,  the  under- 
signed may  appear  for  examination  for  appointment  as  Second  Lieutenant  of  Infantry  in  the 
Officers'  Reserve  Corps. 

John    Doe. 
1st    Ind. 

Hq.  Eastern  Department,  Governor's  Island,  N.  Y.,  October  22,  1916. — To  Mr.  John  Doe,  427 
Broadway,  New  York  City,  N.  Y. 

1.  You  are  authorized  to  appear  before  the  examining  board  at  Governor's  Island,  New 
York,  at  10.00  o'clock  a.m.,  November  17,  1916. 

2.  There  is  inclosed  herewith  a  letter  authorizing  you  to  take  the  examination  for  ap- 
pointment to  the  grade  of  Second  Lieutenant  of  Infantry  in  the  Officers'  Reserve  Corps. 

By  command  of  


1  Incl. 

4.  The  post  office  address  of  an  officer's 
station  will  be  given  in  official  letters. 
Indefinite  expressions  of  locality,  which 
do  not  indicate  where  the  letter  was 
written,  will  not  be  used. 

5.  Official  communications  will  be  signed 
or  authenticated  with  a  pen  and  not  by 
facsimiles,  and  if  written  by  order,  it 
will  be  stated  by  whose  order. 

6.  Signatures  will  be  plainly  and  legibly 
written. 

7.  An  officer  will  not  be  addressed  or 
designated  in  official  communications  by 
any  other  title  than  that  of  his  actual 
rank. 

8.  Communications  from  a  subordinate  to 
a  superior  and  vice  versa  will  pass 
through  intermediate  commanders. 
(775-79a-Ed.) 

Q.  When  are  muster  rolls  prepared? 

A.  At  each  bimonthly  muster,  on  the  last  day 


Adjutant. 

of  the  months  of  February,  April,  June, 
August,  October  and  December.    (807) 

Q.  What  disposition  is  made  of  muster  rolls? 

A.  One  copy  is  forwarded  by  the  mustering 
officer  to  the  Adjutant  General  of  the 
Army  and  the  other  copy  is  kept  on 
file  with  the  organization  to  which  it 
pertains.     (807) 

Q.  Into  what  parts  is  the  soldier's  clothing 
allowance  divided? 
The   initial  allowance   which  is   intended 
to    cover    the   cost    of    all   clothing   re- 
quired between  the  date   of  enlistment 
and  the  date  upon  v;hich  the  recruit  is 
taken  up  for  full  duty  with  his  company. 
The  initial  allowance  is  not  considered 
fully  earned  by  the  soldier  until  he  has 
completed  six  months'  service. 
The  yearly  allowance  which  is  divided  for 
the  purpose  of  settlement  into  semi-an- 
nual, monthly  and  daily  allowances. — Ed. 


A 


Night   Operations 


29 


Q.  How  often  is  the  soldier's  clothing  allow- 
ance settled? 

A.  On  June  30th  and  December  31st  of  each 
year.  When  the  clothing  account  of  the 
soldier  is  opened  in  the  organization  to 
which  he  has  been  regularly  assigned, 
he  is  credited  with  the  initial  allow- 
ance. At  the  first  settlement  he  is 
credited  with  the  portion  of  the 
yearly  allowance  accruing  between  the 
date  of  enlistment  and  the  date  of  set- 
tlement as  determined  by  the  monthly 
and  daily  rates.  At  each  succeeding 
settlement  he  is  credited  with  the 
half  yearly  allowance,  and  at  the  ex- 
piration of  his  term  of  service  he 
is  credited  with  the  amount  due  from 
the  last  settlement  as  determined  by  the 
monthly  and  dailj'-  rates.  The  clothing 
allowance  of  the  soldier  is  based  upon 
the  estimated  cost  of  the  clothing  neces- 
sary to  equip  him  properly.  The  amount 
changes  from  time  to  time  and  is  pub- 
lished in  orders  from  the  War  Depart- 
ment.    (1161) 

Q.  What  action  is  taken  when  the  soldier  is 
separated  from  the  service  before  the 
completion  of  six  months'  service  and 
before  he  has  fully  earned  his  initial 
clothing  allowance? 

A.  His  clothing  allowance  is  computed  as  fol- 
lows : 

1.  Any  clothing  allowance  that  has  been 
previously  credited  will  be  disregarded. 

2.  Tlie  initial  allowance  will  be  credited 
at  the  daily  rate  from  date  of  enlist- 
ment to  date  of  separation  from  the  ser- 
vice. 

3.  The  yearly  allowance  will  be  similarly 
credited. 

4.  The  sum  of  the  computed  initial  al- 
lowance and  yearly  allowance  will  be 
the  total  allowance  to  be  credited  to 
the  soldier.     (1162) 

Q.  What  action  is  taken  when  a  soldier  has 
a  balance  due  him  on  his  clothing  al- 
lowance at  any  settlement  date? 

A.  He  is  credited  with  the  amount  on  his 
clothing  account.     (Ed.) 

Q.  What  action  is  taken  7vhen  a  soldier  has 
overdrawn  his  clothing  allowance  on 
any  settlement  date? 

A.  The  money  value  of  the  clothing  over- 
drawn is  charged  against  him  and  col- 
lected  on   the  pay  rolls.     (Ed.) 

Q.  Describe  the  method  by  which  the  soldier 


procures  clothing  from  the  government 
and  the  administrative  action  taken  to 
account  for  same? 

A.  The  soldier  makes  out  a  list  of  the  cloth- 
ing that  he  desires  to  draw. 
The  company  commander  enters  the 
articles  on  an  individual  clothing  slip, 
showing  the  name  and  rank  of  the  sol- 
dier and  signs  the  same  as  a  request  to 
'he  quartermaster  to  issue  the  clothing. 
The  soldier  presents  this  slip,  in  dupli- 
cate to  the  quartermaster,  receives  the 
articles  enumerated  thereon  and  signs 
as  having  received  them  at  the  bottom 
of  the  slip.  The  original  of  the  slip  is 
retained  by  the  quartermaster  and  the 
('uplicate  is  returned  to  the  company 
ommander  who  makes  a  calculation  of 
the  money  value  of  the  clothing  drawn, 
enters  the  transaction  on  his  abstract 
of  clothing  drawn  and  on  his  statement 
of  clothing  charged  to  enlisted  men, 
and  charges  the  amount  of  the  issue 
against  the  soldier's  clothing  account 
on  his  Descriptive  List.  At  the  end  of 
I'e  month  or  whenever  an  organization 
leaves  the  vicinity  of  the  issuing  quar- 
termaster for  an  extended  period,  the 
organization  commander  will  compare 
his  abstract  of  clothing  drawn  with  the 
quartermaster's  abstract  of  clothing 
issued.  After  satisfactory  settlement 
of  all  differences,  should  there  be  any, 
an  additional  copy  of  the  abstract  will 
be  prepared  by  the  companj^  commander 
.  nd  delivered  to  the  quartermaster.  The 
company  commander  will  file  his  re- 
tained copy  with  the  duplicate  clothing 
slips  as  vouchers  and  his  statement  of 
Hothing  charged  to  enlisted  men. 
0157) 

Q.  Is  a  soldier  while  absent  rvithout  leave  en- 
titled to  clothing  allowance? 

A.  He  is  not. 

Q.  What  is  a  ration? 

A.  A  ration  is  the  allowance  for  the  sub- 
sistence of  one  person  for  one  day. 
(1202) 

Q.  What  are  the  several  rations  used  in  the 
United  States  Army? 

A.  The  garrison  ration,  intended  for  troops 
in  garrison  and,  in  time  of  peace,  for 
troops  in  maneuver  camps. 
The  travel  ration,  intended  for  troops 
traveling  otherwise  than  by  marching, 
and  separated  from  cooking  facilities. 


30 


Ni^ht   Operations 


The  reserve  ration,  carried  by  troops  on 
the  person  of  the  men  and  in  the  trains, 
and  constituting  the  reserve  for  field 
service. 

The  field  ration,  is  the  ration  prescribed 
in  orders  by  the  commander  of  the  field 
forces. 

The  Filipino  ration,  for  the  use  of  the 
Philippine  Scouts. 

The  emergency  ration,  intended  for  troops 
in  active  campaign  for  use  on  occasions 
of  emergency.     (1205) 
Q.  What  are  the  several  components  of  the 

Army  ration? 
A.  The  meat  component  (20  ounces),  con- 
sisting of  fresh  beef  or  mutton  or 
bacon,  or  canned  meat,  or  corned  beef 
hash,  or  fish,  dried,  pickled,  or  canned. 
Turkey  is  provided  in  addition  for 
Thanksgiving  Day  and  Christmas. 
Fresh  beef  is  the  basis  of  the  com- 
ponent, all   others  are   substitutive. 

The  flour  component  (eighteen  ounces), 
substitutes :  soft  bread,  hard  bread,  and 
corn  meal. 

The  baking  powder  component,  0.08 
ounces. 

The  vegetable  comportvint.  Beans,  2.4 
ounces,  substitutes:  rice  or  hominy,  1.6 
ounces  each.  Potatoes,  20  ounces,  sub- 
stitutes :  canned  potatoes,  onions,  to- 
matoes and  any  other  fresh  vegetables 
that  may  be  procured  in  the  market. 

The  fruit  component.  Prunes,  1.28  ounces, 
substitutes :  dried  apples,  or  peaches  or 
jam. 

The  coffee  component,  1.12  ounces,  sub- 
stitute :  tea. 

Sugar  and  milk  component. 

The  condiments.  Vinegar,  salt,  pepper, 
cinnamon. 

The  lard,  butter,  sirup  and  flavoring  ex- 
tract, components.      (1205) 
Q.  In  adjusting  accounts  how  are   the  sev- 
eral rations  valued? 
A.  Garrison  ration,  30  cents :  Filipino  ration, 
20    cents,    and    travel    ration,   40  cents. 
(1207) 
Q.  Describe    the    method    of   procuring    the 

rations  for  a  company? 
A.  The  company  commander  submits  a  ration 
return  for  the  number  of  men  that  he 
has  to  ration  for  the  period  prescribed 
by  the  commanding  officer.  This  may  be 
ten  days,  or  any  other  number  of  days. 
In  garrison  it  is  usually  for  the  month, 
in  the  field  for  ten  days,  and  in  some 


cases  five  days.  After  receiving  the  ap- 
proval of  the  commanding  ofiicer  the 
return  is  taken  to  the  quartermaster 
who  calculates  the  total  money  value  of 
the  rations  called  for  and  credits  the 
company  with  the  amount.  The  com- 
pany commander  draws  against  this 
amount  to  its  full  value  if  he  so  desires. 
Any  saving  that  he  may  make  is  paid 
to  him  in  cash  at  the  end  of  the  ration 
period  and  any  overdraft  that  he  may 
make  has  to  be  paid  out  of  the  company 
or  other  funds. 
Q.  IVhat  are  the  regulations  regarding  sol- 
diers' deposits? 
A.  An  enlisted  man,  not  on  the  retired  list, 
may  deposit  his  savings  with  any  quar- 
termaster in  sums  of  not  less  than 
$5.00,  the  same  to  remain  so  deposited 
until  final  payment  on  discharge  or  iintil 
furloughed  to  the  reserve. 

The  quartermaster  furnishes  each  de- 
positor a  book  showing  the  name  of  the 
depositor.  The  date,  place  and  amount, 
in  words  and  figures  of  each  deposit 
made,  will  be  entered  in  the  form  of  a 
certificate  and  signed  by  the  company 
commander  and  quartermaster. 

The  transfer,  pledge,  or  sale  of  the  de- 
posit book  is  prohibited. 

The  company  commander  keeps  a  record 
of  each  deposit  made  by  the  soldier  on 
his  Descriptive  list  and  after  each  pay- 
ment he  forwards,  direct  to  the  Quar- 
termaster General  a  list  of  the  names 
of  the  depositors  showing  in  each  case 
the  date,  place  and  amount  of  the  de- 
posit and  the  name  of  the  Quartermaster 
who  received  it. 

A  list  of  the  soldier's  deposits  will  be  made 
on  his  final  statements  when  he  is  dis- 
charged or  furloughed  to  the  reserve 
and  they  will  be  paid  to  him  together 
with  interest  at  the  rate  of  four  per 
cent  for  all  sums  that  have  remained 
on  deposit  more  than  six  months. 

Deposits  and  the  interest  thereon  are  for- 
feited by  desertion,  but  forfeiture  of 
them  cannot  be  imposed  by  sentence  of 
court-martial. 

They  are  exempt  from  liability  for  debts 
due  to  individuals ;  from  forfeiture  by 
the  sentence  of  a  court-martial;  and 
from,  paj-ment  of  the  soldier's  private 
debts.  They  are  not  exempt  from  lia- 
bilitv  for  debts  due  the  United  States. 
(Ed.) 


Military  Law 


Q.  What  are  the  four  classes  of  Military 
Jurisdiction? 

A.  1.  Military  Government  (the  law  of  hos- 
tile occupation). 

2.  Martial  Law  at  home  (a  domestic  fact). 

3.  Martial  Law  applied  to  the  Army. 

4.  Military  Law. 

Q.  What  is  Military  Government,  or  the  law 
of  hostile  occupation? 

A.  Military  power  exercised  by  a  belligerent 
by  virtue  of  his  occupation  of  an 
enemy's  territory.  This  belongs  to  the 
Law  of  War  and,  therefore,  to  the 
Law  of  Nations.  When  a  conquered 
territory  is  ceded  to  the  conqueror, 
military  government  continues  until 
civil  government  is  established  by  the 
new  sovereign. 

Q.  What  is  Martial  Law  at  home? 

A.  Military  power  exercised  in  time  of  war, 
insurrection  or  rebellion,  in  parts  of 
the  country  retaining  their  allegiance, 
and  over  persons  and  things  not  ordi- 
narily subjected  to  it. 

Q.  What  is  the  Martial  Law  Applied  to  the 
Army? 

A.  The  military  power  extending  in  time  of 
war,  insurrection  or  rebellion,  over  per- 
sons in  the  military  service,  as  to  obli- 
gations arising  out  of  such  emergency 
and  not  falling  within  the  domain  of 
military  law,  or  otherwise  regulated  by 
law. 

Q.  What   is  Military  Law? 

A.  The  legal  system  that  regulates  the  gov- 
ernment of  the  military  establishment. 
It  is  a  branch  of  the  municipal  law, 
and  in  the  United  States  derives  its  ex- 
istence from  special  constitutional 
grants  of  power. 

Q.  What  is  the  source  of  military  jurisdic- 
tion in  the  United  States? 

A.  The  Constitution. 


Q.  From  what  sources  is  Military  Laiv  de- 
rived? 

A.  It  is  derived  from  both  written  and  un- 
written sources. 

Q.  What  are  the  written  sources  of  Military 
Law? 

A.  The  Articles  of  War,  enacted  by  Con- 
gress, August  29,  1916. 

2.  Statutory  enactments  relating  to  the 
military  service. 

3.  The  Army  Regulations. 

4.  The  General  and  Special  Orders,  and 
decisions  promulgated  by  the  War  De- 
partment and  by  department,  post  and 
other  commanders. 

Q.  What  is  the  source  of  the  unwritten  mili- 
tary law? 

A.  The  custom  of  war,  consisting  of  the 
customs  of  the  service  both  in  peace  and 
war. 

Q.  What  are  the  three  kinds  of  Military 
Tribunals? 

A.  I.  Military  Commissions  and  Provost 
Courts,  for  the  trial  of  offenders 
against  the  laws  of  war  and  under 
Martial  Law. 

2.  Courts-Martial— General,  Special  and 
Summary — for  the  trial  of  offenders 
against  military  law. 

3.  Courts  of  Inquiry,  for  the  examina- 
tion of  transactions  of,  or  accusations 
or  imputations  against,  officers  and 
soldiers. 

Q.  What  persons  are  subject  to  Military  Law? 

A.  I.  All  officers  and  soldiers  belonging  to 
the  regular  army  of  the  Uited  States ; 
all  volunteers,  from  the  dates  of  their 
muster  or  acceptance  into  the  military 
service  of  the  United  States ;  and  all 
other  persons  lawfully  called,  drafted, 
or  ordered  into,  or  to  duty,  or  for 
training  in  the  said  service,  from  the 
dates  they   are   required  by  the  terms 

31 


32 


Night   Operations 


of  the  call,  draft,  or  order  to  obey  the 
same. 

2.  Cadets. 

3.  Officers  and  soldiers  of  the  Marine 
Corps,  when  detached  for  service  with 
the  armies  of  the  United  States,  by 
order  of  the  President. 

4.  Officers  and  men  of  the  Medical  De- 
partment of  the  Navy,  serving  with  a 
body  of  Marines  detached  for  service 
with  the  Army,  in  the  same  manner  as 
officers  and  men  of  the  Marine  Corps 
Vi'ho  may  be  so  serving. 

5.  All  retainers  to  the  camp  and  all  per- 
sons accompanying  or  serving  with  the 
armies  of  the  United  States.,  outside  of 
the  territorial  jurisdiction  of  the  United 
States ;  and,  in  time  of  war,  all  such 
retainers  and  persons  accompanying  or 
serving  with  the  armies  of  the  United 
States  in  the  field,  both  within  and 
without  the  territorial  jurisdiction  of 
the  United  States,  though  not  other- 
wise subject  to  the  Articles  of  War. 

6.  All  persons  under  sentence  adjudged 
by  courts-martial. 

7.  Army  field  clerks. 

8.  Field  Clerks,  Quartermaster  Corps. 

Q.  What  are  the  several  kinds  of  courts-mar- 
tial in  the  United  States  service  f 
A.  1.  Tlie  General  court-martial. 

2.  The  Special  court-martial. 

3.  The  Summary  court-martial. 

Q.  Who  may  be  detailed  as  members  of  a 
court-martial  f 

A.  All  officers  in  the  military  service  of  the 
United  States  and  officers  of  the  Marine 
Corps  when  detached  for  service  with 
the  Army  by  order  of  the  President. 

Q.  What  are  the  exceptions? 

A.  1.  No  officer  may  sit  as  a  member  of  a 
general  or  special  court-martial  when 
he  is  the  accuser  or  a  witness  for  the 
prosecution. 
2.  Chaplains,  veterinarians,  dental  sur- 
geons, and  second  lieutenants  in  the 
Quartermaster  Corps  are  not  in  prac- 
tice detailed  as  members  of  courts- 
martial. 

Q.  What  is  the  composition  of  a  general 
court-martial? 

A.  It  may  consist  of  any  number  of  officers 
from  5  to  13,  inclusive. 

Q.  What  is  the  minimum  number  that  may 
continue  to  transact  business? 


A.  Five.  While  a  number  less  than  five  can- 
not be  organized  as  a  general  court- 
martial  or  proceed  with  a  trial,  they 
may  perform  such  acts  as  are  prelimi- 
nary to  the  organization  and  action  of 
the  court. 

Q.  What  action  is  taken  when  the  court  is 
reduced  below  Hve? 

A.  It  will  direct  the  judge  advocate  to  re- 
port the  facts  to  the  convening  author- 
ity, and  await  his  orders. 

Q.  What  is  the  composition  of  a  special 
court-martial? 

A.  It  consists  of  any  number  of  officers  from 
three  to  five,  inclusive.  When  the  mem- 
bers are  reduced  below  three,  a  report 
of  the  fact  will  be  made  by  the  judge 
advocate  to  the  convening  authority, 
who  will  detail  enough  officers  to  en- 
able the  court  to  proceed. 

Q.  What  is  the  composition  of  a  summary 
court-martial? 

A.  It  consists  of  one  officer. 

Q.  Under  what  conditions  tnay  retired  of- 
ficers of  the  Army  be  detailed  as  mem- 
bers of  courts-martial? 

A.  1.  When,  in  time  of  peace,  they  are  as- 
signed to  active  duty  with  their  own 
consent. 

2.  When,  in  time  of  war,  they  are  em- 
ployed on  active  duty  in  the  discretion 
of  the   President. 

3.  At  other  times  they  are  not  available 
for   court-martial  duty. 

Q.  Under  what  conditions  are  members  of 
the  Officers'  Reserve  Corps  available 
for  court-martial  duty? 

A.  When  they  are  ordered  to  active  service 
by  the  Secretary  of  War. 

O.  Under  what  circumstance  may  officers  of 
the  Regular  Army  and  officers  of  the 
Marine  Corps  serve  on  courts-martial 
together? 

A.  When  troops  of  the  Marine  Corps  are 
detached,  by  order  of  the  President, 
for  service  with  the  Army. 

O.  Is  there  any  distinction  between  officers 
of  the  regular  service  and  other  of- 
ficers with  reference  to  their  eligibility 
for  duty  as  members  of  a  court-mar- 
tial? 

A.  No  distinction  now  exists  for  the  trial 
of  any  person  subject  to  military  law 
in  the  matter  of  eligibility  for  court- 
martial  duty  among  the  various  classes 


Night   Operations 


33 


of  officers  in  the  military  service  of 
the  United  States. 

Q.  May  an  officer  be  tried  by  officers  junior 
to  him  in  rank? 

A.  In  no  case,  when  it  can  be  avoided,  shall 
an  officer  be  tried  by  officers  junior  to 
him  in  rank.  This  provision  is  not 
mandatory  upon  the  convening  author- 
ity. Its  effect  is  to  leave  to  that  of- 
ficer— as  the  final  authority  to  judge — 
the  determination  of  rank  of  the  mem- 
bers, vkfith  only  the  general  instruction 
that  seniors  in  rank  to  the  accused  shall 
be  selected,  as  far  as  the  exigencies 
and  interests  of  the  service  will  permit. 

Q,  What  officers  are  empozuered  to  appoint 
general  courts-martial? 

A.  1.  The  President  of  the  United  States. 

2.  The  commanding  officer  of  a  terri- 
torial  division. 

3.  The  commanding  officer  of  a  terri- 
torial department. 

4.  The  Superintendent  of  the  Military 
Academy. 

5.  The  commanding  officer  of  an  army. 

6.  The  commanding  officer  of  an  army 
corps. 

7.  The  commanding  officer  of  a  tactical 
division. 

8.  The  commanding  officer  of  a  separate 
brigade. 

9.  The  commanding  officer  of  any  dis- 
trict or  any  force  or  body  of  troops, 
when  empowered  by  the  President  to 
do  so. 

Q.  When  the  person  having  the  authority  to 
appoint  a  court-martial  is  the  accuser, 
what  action  is  taken? 

A.  The  court  is  appointed  by  a  higher  com- 
petent authority. 

Q.  May  officers  be  tried  before  courts-mar- 
tial appointed  by  the  Superintendent  of 
the  Military  Academy? 

A.  They  may  not. 

Q.  Under  what  authority  may  the  Presi- 
dent institute  a  general  court-martial? 

A.  1.  As   commander-in-chief   of  the   Army. 

2.  When  the  accuser  is  the  superior  of- 
ficer of  the  army,  and  the  law  requires 
the  next  higher  commander  to  appoint 
the  court. 

3.  In  the  particular  cases  provided  in  1230 
of  the  Revised  Statutes. 

Note. — When  an  officer,  dismissed  by  order 
of   the    President,   makes   a  written   applica- 


tion for  trial,  setting  forth  under  oath  that 
he  has  been  wrongfully  dismissed,  the  Presi- 
dent shall,  as  soon  as  the  necessities  of  the 
service  may  permit,  convene  a  court-martial 
to  try  such  officer  on  the  charges  on  which 
he  shall  have  been  dismissed.  And,  if  a 
court-martial  is  not  so  convened  within  six 
months  from  the  presentation  of  such  appli- 
cation for  trial,  or  if  such  court,  being  con- 
vened, does  not  award  dismissal  or  death  as 
the  punishment  of  such  officer,  the  order  of 
dismissal  by  the  President  shall  be  void. 
(R.  S.  1230.) 

Q.  What  authority  has  the  appointing  of- 
ficer over  a  court-martial? 
A.  He  may  control  its  existence,  dissolve  it 
and  determine  the  cases  to  be  referred 
to  it  for  trial,  but  he  can  not  control 
the  court  in  the  exercise  of  powers 
vested  in  it  by  law. 
Q.  What  authorities  may  appoint  a  special 

court-martial? 
A.  1.  The  commanding  officer  of  a  district. 

2.  The  commanding  officer  of  a  garrison. 

3.  The  commanding  officer  of  a  fort. 

4.  The  commanding  officer  of  a  camp. 

5.  The  commanding  officer   of  any  place 
where  troops  are  on  duty. 

6.  The  commanding  officer  of  a  brigade. 

7.  The  commanding  officer  of  a  regiment. 

8.  The  commanding  officer  of  a  detached 
battalion. 

9.  The    commanding    officer    of    any    de- 
tached  command. 

Q.  May  a  commanding  officer  appoint  him- 
self as  a  member  of  a  special  court- 
martial? 

A.  He  may  not. 

Q.  What  authorities  may  appoint  a  sum- 
mary court? 

A.  Any  commanding  officer. 

Q.  When  there  is  only  one  officer  on  duty 
with  a  command  what  action  is  taken 
linth  reference  to  the  appointment  of  'a 
summary    court    officer? 

A.  When  but  one  officer  is  present  with  a 
command,  he  is  the  summary  court  of- 
ficer of  that  command  and  shall  hear 
and  determine  cases  brought  before 
him.  In  such  case  no  order  appointing 
the  court  will  be  issued,  but  the  officer 
will  enter  on  the  record  that  he  is  "  the 
only  officer  present  with  the  command." 

Q.  Who  has  power  to  appoint  the  judge  ad- 
vocate of  a  court-martial? 


34 


Night   Operations 


A.  The  officer  empowered  to  appoint  the 
court. 

Q.  From  what  ultimate  source  does  the  court- 
martial  derive  its  existence? 

A.  From  Congress. 

Q.  To  what  class  of  cases  is  the  jurisdiction 
of  the  court-martial  limited. 

A.  Its  jurisdiction  is  limited  to  crimirral 
cases. 

Q.  Are  the  decisions  of  courts-martial  sub- 
ject to  review? 

A.  They  are  not  subject  to  review  by  any 
courts  whatsoever.  The  United  States 
Courts  may,  on  writ  of  habeas  corpus, 
inquire  into  the  legality  of  the  deten- 
tion of  a  person  held  by  military 
autliority.  Such  inquiry  may  be  made 
at  any  time,  either  before  or  during 
trial,  or  while  sentence  is  being  served, 
and  the  court  will  order  such  person 
discharged  if  it  appears  to  the  satis- 
faction of  the  court  that  any  of 
the  statutory  requirements  conferring 
jurisdiction  have  not  been  fulfilled. 

Q.  JVhat  action  is  necessary  to  legalize  the 
action  of  a  court-martial? 

A.  The  approval,  or  confirmation,  of  the 
proper  commanding  officer.  With  such 
approval  or  confirmation,  sentences  of 
courts-martial  become  operative,  are  as 
effective  as  the  sentences  of  civil  courts 
having  criminal  jurisdiction,  and  are 
entitled  to  the  same  legal  considera- 
tion. 

Q.  What  conditions  must  obtain  as  to  the 
legal  jurisdiction  of  a  court-martial 
and  the  validity  of  its  judgments? 

A.  It  must  be   shown : 

1.  That  it  was  convened  by  an  officer  em- 
powered by  statute  to  convene  it. 

2.  That  the  persons  who  sat  on  the  court 
were  legally  competent  to  do  so. 

3.  That  the  court  thus  constituted  was  in- 
vested by  the  acts  of  Congress  with  the 
power  to  try  the  person  and  the  offense 
charged. 

4.  That  its  sentence  was  in  accordance 
with  the  law. 

O.  What  is  the  rule  of  procedure  when 
courts-martial  and  civil  courts  have 
concurrent  jurisdiction? 

A.  In  accordance  with  the  principle  of 
comity,  as  between  the  military  and 
civil  tribunals,  in  cases  of  concurrent 
jurisdiction    the    court    which    first   at- 


taches in  a  particular  case  is  entitled 
to  proceed  to  its  termination. 

Q.  What  is  the  procedure  when  a  court-mar- 
tial has  duly  assumed  jurisdiction  over 
an  offence  and  over  the  person  com- 
mitting it,  and  is  divested  of  that  juris- 
diction by  a  wrongful  act  of  the  ac- 
cused? 

A.  A  court-martial  having  once  assumed 
jurisdiction  of  a  case,  can  not  be  di- 
vested, by  any  wrongful  act  of  the  ac- 
cused, of  its  authority  or  be  discharged 
from  its  duty  to  proceed  to  fully  try 
and  determine  according  to  law  and  its 
oath.  Thus,  the  fact  that  the  accused, 
after  arraignment  and  during  the  trial, 
has  escaped  from  military  custody  fur- 
nishes no  ground  for  not  proceeding 
to  a  finding  and,  in  the  event  of  con- 
viction^  to  a  sentence  in  the  case :  the 
court  may  and  should  find  and  sentence 
as  in  any  other  case. 

Q.  What  are  the  exceptions  to  the  rule  that 
military  jurisdiction  terminates  when  a 
person  is  legally  separated  from  the 
service? 

A.  1.  Persons  guilty  of  fraud  against  the 
United  States. 

2.  Under    Section    1230    Revised    Statutes 
(see  ante.). 

3.  Persons   serving  sentence   of   a   court- 
martial. 

4.  Where  a  discharge  is  secured  by  fraud, 

5.  Desertion  in  previous  enlistment. 
Note. — For  an  offence  committed  prior  to 

the  expiration  of  his  term  of  enlistment,  a 
soldier  may  be  held  in  the  service  and  tried 
after  the  expiration  of  his  term.  So,  also,  a 
soldier  may  be  tried  for  offences  committed 
while  making  up  time  lost  by  desertion ; 
through  absence  without  leave ;  through  dis- 
ease or  injur}-,  the  result  of  his  own  mis- 
conduct. 

Q.  Over  what  persons  and  offences  do  gen- 
eral courts-martial  have  jurisdiction? 
A.  1.  Any    person    subject   to    military    law; 
for  any  crime  or  oft'ence  made  punish- 
able by  the  Articles  of  War. 
2.  Any  person  other  than  {\)  above,  who 
by  the  law  of  war  is  subject  to  trial  by 
military    tribunals ;    for    any    crime    or 
oft'ence  in  violation  of  the  law  of  war. 
O.  What  limits  are  placed  on  the  punishing 
power  of  a  general  court-martial? 


Night   Operations 


35 


A.  Punishment  is  discretionary   with  a  gen- 
eral court-martial  except : 

(a)  When  mandatory  under  the  law. 

(b)  When    limited    by   order   of   the 

President,  under  the  45th  Arti- 
cle of  War. 

(c)  That   the   death   penalty   can   be 

imposed,  only  when  specifically 

authorized. 
Q.  Name  some  of  the  mandatory  sentences? 
A.  1.  The    death    sentence    is    mandatory    in 
the  case  of  spies. 

2.  Dismissal  is  mandatory  for  conduct  un- 
becoming an  officer  and  a  gentleman. 

3.  Either  death  or  imprisonment  is  man- 
datory for  murder  or  rape. 

Q.  Over  what  persons  and  offences  do  spe- 
cial courts-martial  have  jurisdiction? 
A.  1.  Any  person  subject  to  military  law,  ex- 
cept: 

(a)  An  officer. 

(6)  Any  person   subject  to   military 
law   and   belonging  to   a   class 
or     classes     excepted     by     the 
President. 
2.  Any    crime    or    offence — not    capital — 
made    punishable    by    the    Articles    of 
War. 
Note. — Under    (b),    cadets    and    soldiers 
holding  certificates  of  eligibility  for  promo- 
tion  are  excepted    from   the   jurisdiction  of 
special  courts-martial. 
Q.  What   are    the   capital   crimes   under   the 

Articles  of  War? 
A.  1.  Peace  offences: 

(a)  Assaulting  or   disobeying   a   su- 

perior officer. 

(b)  Mutiny  or  sedition. 

(c)  Failure    to    suppress    mutiny    or 

sedition. 
2.  War   offences : 
(o)  Desertion. 

(b)  Advising   or   aiding   another   to 

desert. 

(c)  Misbehavior   before   the   enemy. 

(d)  Subordinates  compelling  a  com- 

mander to  surrender. 

(e)  Improper  use  of  countersign. 
(/)   Forcing  a  safeguard. 

(g)  Relieving,    corresponding    with, 

or  aiding  the  enemy. 
(/»)   Spies. 

(0  Misbehavior  of  sentinel. 
Q.  What  is  the  limit  of  the  punishing  power 
of  a  special  court-martial? 


A.  1.  Confinement  for  six  months. 
2.  Forfeiture  of  pay  for  six  months. 
Note. — They  can  not  adjudge  dishonorable 
discharge.  Reduction  of  noncommissioned 
officers  to  the  ranks  and  reduction  of  pri- 
vates in  grade  may  be  adjudged  in  addition 
to  the  above. 

Q.  Over  what  persons  and  offences  do  sum- 
mary courts-martial  have  jurisdiction? 
A.  1.  Any    person    subject    to    military    law, 
except : 

(c)  An  officer. 
(6)  A  cadet. 

(c)  A  soldier  holding  a  certificate  of 

eligibility    for  promotion. 

(d)  A  noncommissioned  officer  who 

objects  to  trial.     (Except  when 
ordered   by   an    officer    compe- 
tent to  bring  him  to  trial  be- 
fore a  general  court-martial.) 
{e)  Any  person  belonging  to  a  class 
or  classes  of  persons  excepted 
by     the     President     from     the 
jurisdiction    of    the    summary 
court-martial. 
2.  For    any    crime    or    offence — not    capi- 
tal— made  punishable  by  the  Articles  of 
War. 
Q.  What  are  the  limits  of  punishment  of  a 

summary   court-martial? 
A.  1.  Confinement  for  three  months. 
2.  Forfeiture  of  three  months'  pay. 
Note. — Reduction  to  the  ranks  in  the  case 
of  noncommissioned  officers,  etc.     See  note, 
second  question  above. 
Q.  What  restrictive  action  is  taken  against  an 

officer  charged  with  an  offence? 
A.  An  officer  charged  with  crime  or  a  seri- 
ous offence  against  the  Articles  of  War 
shall  be  placed  in  arrest  by  the  com- 
manding officer,  and,  in  exceptional 
cases,  an  officer  so  charged  may,  by  the 
same  authority,  be  placed  in  confine- 
ment. 
Q.  What  restrictive  action  is  taken  against  a 

soldier  charged  with  an  offence? 
A.  1.  .\    soldier    charged    with    crime    or    a 
serious  offence  against  the  Articles  of 
War   shall   be    placed    in    confinement ; 
when  charged  with  a  minor  offence,  he 
may  be  placed  in  arrest. 
Note. — In   practice,   the   general    rule   ob- 
served is :  if  a  soldier  is  to  be  tried  by  a  gen- 
eral court-martial,  he  will  be  placed  in  con- 


36 


Night  Operations 


finement;  if  he  is  to  be  tried  by  an  inferior 

court,  he  is  placed  in  arrest. 

Q.  Does  the  fact  that  a  person  charged  with 

an  offence  has  not  been  placed  in  arrest 

or   confinement   affect   the  jurisdiction 

of  the  court? 
A.  It  does  not. 
Q.  In  -ouhom  is  vested  the  power  of  p^lacing      Q. 

officers  in  arrest? 
A.  Only     commanding     officers,     except    as      A, 

provided    for    in    the    68th    Article   of 

War: 


Q. 

A. 


All  officers  and  noncommissioned 
officers  have  power  to  part  and  quell 
all  quarrels,  frays  and  disorders  among 
persons  subject  to  military  law  and  to 
order  officers  who  take  part  in  the  same 
into  arrest,  and  other  persons  subject 
to  military  law  who  take  part  in  the 
same  into  arrest  or  confinement,  as  cir- 
cumstances maj'  require,  until  their 
proper  superior  officer  is  acquainted 
therewith    .     .     . 


Q.  How  is  the  arrest  of  an  officer  effected?      Q, 

A.  He  may  be  placed  in  arrest  by  his  com-  A. 
manding  officer  in  person  or  through 
another  officer ;  by  a  verbal  or  written 
order  or  communication,  advising  him 
that  he  is  placed  in  arrest,  will  con- 
sider himself  in  arrest,  or  words  to  that 
efifect.  Q. 

Q.  What  is  the  official  and  social  status  of      A. 
an  officer  in  arrest? 

A.  1.  He  cannot  exercise   command   of  any      Q. 
kind. 

2.  He  will  not  wear  his  sword.  A. 

3.  He  will  not  visit  officially  his  com- 
manding officer  or  other  superior  of- 
ficer unless  directed  to  do  so. 

4.  His  applications  and  requests  of  every 
nature  will  be  made  in   writing. 

Q.  What  is    the   rule    in   regard    to   placing      O. 
medical  officers  in  arrest?  A. 

A.  In  ordinary  cases,  where  inconvenience 
to  the  service  would  result,  a  medical 
officer  will  not  be  placed  in  arrest  un- 
til the  court-martial  convenes  for  his 
trial. 

O.  What    action   is    necessary   in   placing   a      O. 
soldier  in  confinement? 

A.  Except    as    provided    in    the    A.    W.    68      A. 
(ante),    or    when    restraint    is    neces- 
sary, no  soldier  will  be  confined  with- 
out the  order  of  an  officer,  who  shall 
previously  inquire  into  his  offence.     It 


proper,  however,  for  a  company  com- 
mander to  delegate  to  the  noncommis- 
sioned officers  of  his  company  the 
power  to  place  enlisted  men  in  arrest 
when  restraint  is  necessary,  but  such 
action  must  be  reported  at  once  to  the 
company  commander. 

What  is  the  status  of  noncommissioned 
officers  in  arrest? 

They  will  not  be  called  upon  to  per- 
form any  duty  in  which  they  may  be 
called  upon  to  exercise  authority  or 
control  over  others.  When  placed  in 
confinement,  they  will  not  be  sent  out 
to  work. 

IVho  may  arrest  deserters  from  the  mili- 
tary service? 

Any  civil  officer  having  authority  under 
the  laws  of  the  United  States  or  of 
any  State,  Territory,  district  or  pos- 
session of  the  United  States. 
Any  citizen,  under  an  order  or  by  direc- 
tion of  a  military  officer. 

What  is  a  military  charge? 

A  military  charge  corresponds  to  a  civil 
indictment.  It  consists  of  two  parts — 
the  technical  charge  and  the  specifica- 
tion. The  former  alleges  the  offence  in 
general  terms,  and  the  latter  sets  forth 
the  facts  constituting  the  same. 

What  requirement  must  a  charge  fulHl? 

It  must  be  laid  under  the  proper  Arti- 
cle of   War   or  other  statute. 

What  requirements  must  the  specification 
fulfil? 

It  must  set  forth  in  simple  and  con- 
cise language  facts  sufficient  to  consti- 
tute the  particular  oft'ence ;  and  in  such 
manner  as  to  enable  a  person  of  com- 
mon understanding  to  know  what  is 
intended. 

JVho  may  prefer  charges? 

Any  officer.  This  includes  officers  of  the 
Army  on  the  retired  list  and  those  of 
the  Officers'  Reserve  Corps  in  active 
service.  An  officer  is  not  disqualified 
by  reason  of  the  fact  that  he  himself 
is  under  charges  or  in  arrest. 

What  is  the  rule  regarding  the  number- 
ing of  charges  and  specifications? 

Where  there  are  several  specifications 
under  one  Article  of  War  the  usual 
manner  is  to  place  them  all  under  one 
charge,  rather  than  to  make  several 
charges    with    one    specification    under 


Night   Operations 


37 


each.  Where  there  are  several  speci- 
fications under  one  charge  they  will 
be  consecutively  numbered,  and  where 
there  are  several  charges,  the  same  will 
be  consecutively  numbered. 
Q.  To  what  statements  should  a  charge  be 

limited? 
A.  To  a  designation  of  the  Article  of  War 

violated. 
Q.  What  elements  should  a  specificatioin  con- 
tain ? 
A.  1.  The  name,    rank,    title,   and    organiza- 
tion of  the  accused  person,   if  he  be- 
longs to  the  Army  of  the  United  States, 
should  be  stated.     If  the  accused  is  a 
civilian,  he  should  be  so  described  as 
to  establish  the  fact  that  he  is  subject 
to  trial  by  military  tribunals. 
2.  The     facts     constituting     the     offence 
charged   will   be   set    forth   briefly  but 
clearly,    together    with    the    place    and 
time   of   commission.     Care   should  be 
taken  that  all  the  elements  of  the  of- 
fence  as    described    in    the    Article   of 
War,  or  the  other  statute,  are  set  forth. 
The  specification   must  be  appropriate 
to  the  charge. 
Q.  What   is    the   routine   procedure   in   pre- 
paring and  forwarding  charges  against 
ati  enlisted  man? 
'A.  All   charges,    for   trial    by    court-martial, 
will  be  prepared  in  triplicate.    Tlie  pre- 
scribed charge-sheet  will  be  used  as  a 
first   sheet,   ordinary  paper  being  used 
for   such  additional   sheets  as  may  be 
necessary. 
They  will  be  accompanied : 

(a)  Except  when  the  trial  is  to  be 
had  by  summary  court,  by  a 
brief  statement  of  the  testi- 
mony expected  from  each  ma- 
terial witness,  both  for  the 
prosecution  and  for  the  de- 
fence, together  with  all  avail- 
able and  necessary  informa- 
tion as  to  any  other  actual  or 
probable  testimony  or  evidence 
in  the  case ;  and 
(t)  In  the  case  of  a  soldier,  by 
properly  authenticated  evidence 
of  convictions,  if  any,  during 
the  preceding  year  of  his  cur- 
rent enlistment. 

The  charges   are   forwarded 
by  the  officer  preferring  them 


to  the  officer  exercising  sum- 
mary    court-martial     jurisdic- 
tion    over     the     command     to 
which  tlie  accused  belongs  who 
will  refer  them  to  a  court-mar- 
tial in  his  jurisdiction  for  trial, 
or   forward   them  to  the  next 
superior     authority    exercising 
court-martial  jurisdiction  over 
the  command  to  which  the  ac- 
cused belongs  or  pertains. 
{c)   When  trial  is  to  be  had  by  sum- 
mary    court,     the     completed 
charges  become  the  record  of 
trial.      A    copy    will    be    com- 
pleted and  sent  to  the  company 
or  other  commander.   A  second 
copy    will    be    completed    and 
forwarded  to  the  officer  exer- 
cising     general      court-martial 
jurisdiction  over  the  command, 
(d)   When  trial  is  had  bj'  special  or 
general       court-martial,      two 
copies   of   the  charges   will  be 
referred  to  the  trial  judge-ad- 
vocate,   one    copy    to    be    fur- 
nished by  him  to  the  accused. 
The   third    copy    will   be    used 
for  purposes  of  record  in  the 
office  of  the  officer  appointing 
the  court. 
Q.  What  investigation  is  made  before  charges 
for  trial  by   general  court-martial  are 
forivarded? 
A.  The    officer    exercising    summary    court- 
martial  jurisdiction  over  the  command 
to    which    the   accused   pertains    either 
carefully  investigates  the  case  himself 
or  causes  an  officer  other  than  the  of- 
ficer preferring  the  charges  to  investi- 
gate them  carefully  and  report  to  him 
the  result  of  such   investigation.     Tiie 
officer  investigating  the  charges  will  af- 
ford to  the  accused  an  opportunity  to 
make  any  statement,  oft'er  any  evidence, 
or  present   any   matter   in  extenuation 
that  he  may  desire  to  have  considered 
in     connection     with     the     accusation 
against  him. 
Q.  What  elevients  must  be  included  in   the 
endorsement  by  which  charges  are  for- 
ivarded to  superior  authority? 
A.  1.  The  name  of  the  officer  who  investi- 
gated the  charges. 
2.  The    opinion    of     such    officer    as    to 


38 


Night   Operations 


whether  the  several  charges  can  be  sus- 
tained. 

3.  The  substance  of  the  statement,  if  any, 
that  the  accused  may  voluntarily  make 
in  connection  with  the  case. 

4.  A  summary  of  the  extenuating  circum- 
stances, if  any,  connected  with  the 
case. 

5.  His  recommendation  as  to  the  action 
to  be  taken. 

Q.  What  period   is  allowed   the   accused   to 

prepare  for  his  defence? 
A.  Five  days. 
Q.  What    is    the    procedure    of    a    General 

Court- Martial? 
A.  The  following  is  the  order  of  institution 

and    procedure    of    a    General    Court- 

Martial : 

1.  The  order  instituting  the  court  is 
issued  from  the  headquarters  of  the 
officer  competent  to  appoint  a  general 
court-martial.  The  body  of  this  order 
designates  the  date,  hour,  and  place 
where  the  court  is  to  meet ;  details  the 
members  of  the  court  by  rank,  name, 
and  organization  in  the  order  of  their 
relative  rank;  details  the  judge  advo- 
cate of  the  court  by  his  rank,  name  and 
organization ;  and  authorizes  the  ap- 
pointment of  a  stenographic  reporter 
and  the  necessary  travel. 

2.  The  members  of  the  court  assem- 
ble at  the  place  and  hour  designated  in 
the  order  for  the  first  session  of  the 
court.  Thereafter,  they  meet  in  accord- 
ance with  the  adjournment,  which  is 
usually  "  to  meet  at  the  call  of  the  presi- 
dent." When  the  court  is  detailed  to 
try  a  number  of  cases  this  procedure  is 
usually  modified  by  having  the  first 
meeting  on  notice  by  the  president, 
through  the  judge  advocate,  that  there 
is  business  to  be  transacted. 

The  members  of  the  court  wear  the 
uniform  prescribed  by  the  president 
(usually  dress),  and  sabers.  The  judge 
advocate,  the  accused  and  his  counsel 
wear  the  same  uniform  as  the  court, 
without  side  arms.  Military  witnesses 
wear  the  uniform  of  the  court,  with 
side  arms.  When  an  enlisted  man  is 
tried  for  desertion,  he  appears  before 
the  court  in  the  dress  that  he  wore  at 
the  time  of  his  apprehension  or  sur- 
render. 

3.  When  the  court  is  ready  to  pro- 


ceed, the  members  take  seats  at  a  table 
provided  for  the  purpose.  The  presi- 
dent sits  at  the  head  of  the  table.  The 
other  members  at  his  right  and  left, 
alternately,  according  to  relative  rank. 
The  judge  advocate  sits  at  the  foot  of 
the  table  or  at  a  separate  table.  The 
accused  and  his  counsel  sit  at  a  table 
conveniently  placed.  A  witness,  when 
testifying,  is  seated  near  the  judge  ad- 
vocate, and  the  reporter  is  placed  near 
the  witness'  chair.  The  interpreter  is 
located  at  a  convenient  place  (see 
figure). 

4.  After  the  members  of  the  court  are 
seated,  the  judge  advocate  calls  the 
roll,  using  the  order  instituting  the 
court,  after  which  he  announces  the 
result  to  the  president  as :  Sir,  all  are 
present,  or  so  and  so  is  absent,  stafc- 
ing  the  cause  or  authority  for  the  ab- 
sence if  it  is  known.  The  president 
directs  the  judge  advocate :  "  Proceed 
with  the  business  of  the  court." 

5.  The  judge  advocate  then  causes 
the  accused,  his  counsel,  the  reporter, 
and  interpreter  to  enter  the  court  room 
and,  while  he  and  they  remain  stand- 
ing, announces :  The  judge  advocate  is 
prepared  to  proceed  with  the  case  of  the 
United  States  versus  Private  John  Doe, 
Company  "  K,"  -iSth  Infantry. 

The  president  announces :  //  there  is 
no  objection,  the  court  will  proceed  to 
the  trial  of  Private  Doe. 

The  judge  advocate  announces:  The 
accused  desires  to  introduce  First  Lieu- 
tenant William  Williams,  -iSth  Infantry. 
as  his  counsel,  or,  in  case  the  accused 
does  not  desire  counsel,  the  judge  ad- 
vocate states :  The  accused  states  that 
he  does  not  desire  counsel. 

6.  The  reporter  of  the  court  is  then 
sworn  by  the  judge  advocate,  admin- 
istering the  following  oath,  both  stand- 
ing: You  swear  {or  aMrm)  that  you 
will  faithfully  perform  the  duties  of  re- 
porter to  this  court.     So  help  you  God. 

6a.  The  judge  advocate  asks  the  ac- 
cused if  he  desires  a  copy  of  the  record 
of  his  trial,  and  gives  the  reporter  the 
necessary  instructions. 

7.  The  judge  advocate  and  the  ac- 
cused stand  up.  The  judge  advocate 
reads  aloud  to  the  accused  the  order 
convening  the  court,  and  together  with 


Night   Operations 


39 


anjt  other  orders  modifying  the  detail, 
and  states  to  the  accused:  Of  the  of- 
ficers named  in  this  order  (or  these 
orders),  the  follozc'ing  are  present 
(names  the  officers  of  the  court  pres- 
ent). Have  you  any  objection  to  being 
tried  by  any  officer  present?  This  is 
known  in  military  law  as  "  the  right 
of  challenge." 


of  the  accused :  The  accused  objects  to 
Captain  Jones,  on  the  ground  that 
(stating  the  grounds  upon  which  the 
objection  is  based).  The  challenged 
member  is  then  given  an  opportunity  to 
make  a  statement  in  reply  to  th;e 
challenge. 
Note. — A  positive  declaration  by  the  chal- 
lenged   member    that    he    is    not   prejudiced 


M£MBER  N0.1 

MEMBER  N0.3 
MEMBER 
MEMBER  NO. 
MEMBER  fiO.< 


O   PRESIDENT 

mO 

>.3  0 

>.5   O 

.rO 

• 

■9  o 

O    M 


O    M 


EMBER  N0.2 


EMBER  N0.4 


O    MEMBER  No.e 
O     MEMBER  NO.a 


O 


MEMBER  N0.10 


ACCUSED 


COUNSEL 


o 


o 


o 


REPORTER 


O 

JL'DGE  ADVOCATE 


o 

WITNESS 


Note. — Members  of  a  general  or  special 
court-martial  may  be  challenged  by  the  ac- 
cused or  by  the  judge  advocate,  but  only  for 
cause  stated  to  the  court.  The  court  deter- 
mines the  relevancy  and  validity  thereof,  and 
does  not  receive  a  challenge  to  more  than 
one  member  at  a  time.  (18th  Article  of 
War.) 

Should  the  accused  object  to  being 
tried  by  any  member  of  the  court  pres- 
ent, the  counsel  would  state  in  behalf 


O 

INTERPRETER 

against  the  accused,  nor  interested  in  the  case, 
is  ordinarily  satisfactory  to  the  accused. 

If  the  statement  is  not  satisfactory  to 
the  accused,  he  may  at  this  time  state : 
/  am  not  satisfied  with  the  statement  of 
Captain  Jones  and  request  that  he  be 
Put  upon  his  voir  dire.  Tlie  judge  ad- 
vocate and  tlie  challenged  member 
standing,  the  judge  advocate  adminis- 
ters the  following  oath  to  him :  You 
swear  that  you  will  true  answers  make 


40 


Night   Operations 


to  questions  touching  upon  your  cotn- 
petency  as  a  member  of  the  court  in  this 
case.  So  help  you  God.  The  member 
is  then  examined  by  the  accused  (gen- 
erally through  his  counsel),  in  the  same 
manner  that  a  juror  is  examined  in 
criminal  courts.  Upon  the  completion 
of  this  examination  the  president  an- 
nounces :  The  court  will  be  closed. 

8.  The  challenged  member,  the  ac- 
cused and  his  counsel,  and  spectators,  if 
any;  the  judge  advocate,  the  reporter, 
the  interpreter,  withdraw  from  the 
court  room  and  the  court  is  said  to  be 
"  closed."  The  remaining  members  of 
the  court  deliberate  upon  the  question 
as  to  whether  or  not  the  challenged 
member  shall  sit  as  a  member  of  the 
court  in  the  case.  They  arrive  at  a  de- 
cision by  vote,  beginning  with  the  junior 
member,  the  majority  carrying  the  de- 
cision. 

Note. — Courts  are  liberal  in  passing  upon 
challenges  and,  when  there  is  any  valid  rea- 
son given,  sustain  them. 

Having  arrived  at  a  decision,  the 
president  announces  that  the  court  is 
opened  and  the  judge  advocate  is  so 
notified.  This  is  generally  done  by 
ringing  a  bell. 

9.  Those  who  withdrew  now  enter 
the  court  room  and  take  their  places 
and  the  president  announces  the  de- 
cision of  the  court  as :  The  objection  to 
Captain  Jones  is  sustained,  and  he  will 
be  excused  as  a  member  of  the  court  in 
this  case,  or  The  objection  to  Captain 
Jones  is  not  sustained  and  he  will  sit  as 
a  member  of  the  court  in  this  case. 

If  the  challenged  member  be  excused, 
he  will  immediately  withdraw.  All 
members  of  the  court  junior  to  him  in 
rank  will  change  their  seats  so  as  to 
preserve  the  prescribed  arrangement  of 
the  court  according  to  rank. 

The  judge  advocate  then  interrogates 
the  accused :  Have  you  any  objection  to 
any  other  member  of  the  court,  present? 
Should  the  accused  have  objection,  he 
will  challenge  the  member  objected  to 
and  the  same  procedure  as  above  will 
be  observed.  If  he  does  not  object  to 
any  other  member  he  will  state :  There 
is  no  further  objection.  The  judge  ad- 
vocate may  now  in  like  manner  chal- 
lenge anv  member  of  the  court. 


Should  any  member  of  the  court  be- 
lieve himself  to  be  the  accuser  in  the 
case,  he  will  at  this  point  formally  an- 
nounce that  fact  to  the  court,  where- 
upon he  will  be  excused.  When  the 
judge  advocate,  the  accused,  his  coun- 
sel, or  any  member  of  the  court  has 
reason  to  believe  that  any  member 
thereof  may  be  called  as  a  witness  for 
the  prosecution,  such  belief  shall  be 
communicated  to  the  court  and,  if  the 
judge  advocate  states  that  the  member 
is  to  be  called,  he  will  be  excused. 
When  there  are  no  further  challenges 
to  be  considered  by  the  court,  the  presi- 
dent announces :  The  court  will  he 
sworn. 

10.  All  the  members  of  the  court,  the 
judge  advocate  and  all  other  persons 
in  the  court  room  stand,  and  the  fol- 
lowing oath  is  administered  by  the 
judge  advocate — who  holds  right  hand 
uplifted — to  the  members  of  the  court: 
You  (naming  each  member  of  the  court 
present)  do  swear  {or  affirm)  that  you 
will  well  and  truly  try  and  determine, 
according  to  the  eindence,  the  matter 
now  before  you,  between  the  United 
States  of  America  and  the  person  to  be 
tried,  and  that  you  will  duly  administer 
justice,  without  partiality,  favor  or  af- 
fection, according  to  the  provisions  of 
the  rules  and  articles  for  the  govern- 
ment of  the  Armies  of  the  United 
States,  and  if  any  doubt  should  arise 
not  explained  by  said  articles,  then  ac- 
cording to  your  conscience,  the  best  of 
your  understanding,  and  the  custom  of 
war  in  like  cases,  and  you  do  further 
swear  {or  afUrm)  that  you  will  not  di- 
vulge the  findings  or  sentence  of  the 
court  until  they  shall  be  punished  by  the 
proper  authority,  except  to  the  judge  ad- 
vocate and  assistant  judge  advocate; 
neither  will  you  disclose  or  discover  the 
vote  or  opinion  of  any  particular  mem- 
ber of  the  court-martial,  unless  required 
to  give  eindence  thereof  as  a  witness  by 
a  court  of  justice  in  due  course  of  law. 
So  help  you  God. 

As  the  name  of  each  member  of  the 
court  is  called  he  raises  his  right  hand 
and  retains  it  in  that  position  imtil  the 
reading  of  the  oath  is  completed  and 
acknowledged. 

While  all  remain  standing,  the  presi- 


Night   Operations 


41 


dent  of  tlie  court  administers  tlie  fol- 
lowing oath  to  the  judge  advocate:  You 
(naming  the  judge  advocate)  do  swear 
(or  affirm)  that  you  zvill  not  divulge 
the  findings  or  sentence  of  the  court  to 
any  but  the  proper  authority  until  they 
shall  be  duly  disclosed  by  the  same.  So 
help  you  God. 

Upon  completion  of  the  swearing  of 
the  court  and  the  judge  advocate,  the 
court  is  said  to  be  organized. 

11.  At  this  point,  if  there  is  an  in- 
terpreter, he  is  sworn  by  the  judge  ad- 
vocate— both  standing — with  the  follow- 
ing oath:  You  swear  (or  affirm)  that 
you  will  truly  interpret  in  the  case  now 
in  hearing.    So  help  you  God. 

12.  If  a  delay  in  the  case  is  necessary, 
either  on  the  part  of  the  prosecution  or 
the  defence,  it  should  be  made  at  this 
time. 

13.  The  judge  advocate  then  reads  the 
charges  and  specifications  preferred 
against  the  accused  and  the  accused  is 
called  upon  to  plead  to  tliem.  In  case 
of  several  charges  and  specifications, 
the  order  pursued  is  to  arraign  on  the 
first,  second,  etc.,  specifications  to  the 
first  charge,  then  on  the  first  charge, 
and  so  on  with  the  rest.  During  the 
reading  of  the  charges  the  judge  advo- 
cate and  the  accused  stand.  The  judge 
advocate  puts  the  question  to  the  ac- 
cused after  the  reading  of  each  specifi- 
cation and  charge:  How  plead  you? 
All  of  this  constitutes  the  arraignment. 

14.  The  accused  is  called  upon  to 
plead  to  each  charge  and  specification. 
Ordinarily  the  plea  of  the  accused  is 
guilty  or  yiot  guilty  to  each  charge  and 
specification ;  or,  guilty  of  a  specifica- 
tions excepting  certain  words,  and  of 
the  excepted  zvords  not  guilty;  or  when 
charged  with  an  oflfence  which  includes 
a  lesser  one  of  kindred  degree,  guilty 
of  the  specification  except  certain 
words,  substituting  certain  other  words, 
and  to  the  charge  not  guilty,  but  guilty 
of  the  lesser  kindred  offense. 

For  example :  in  a  trial  for  desertion, 
the  accused,  by  substituting  words  in 
the  specification  that  covers  the  offence 
of  absence  without  leave,  may  plead 
guilty  to  them,  but  not  guilty  to  the 
part  of  the  specification  that  covers  de- 
sertion.    In  the  charge,  he  may  substi- 


tute:    as    not    guilty    of    desertion    but 
guilty  of  absence  without  leave. 

The  pleas  are  generally  entered  by  the 
counsel  on  behalf  of  the  accused.  If 
the  accused  questions  the  jurisdiction 
of  the  court  he  may  here  enter  a  plea 
to  the  jurisdiction,  or,  if  any  other  plea 
is  appropriate,  it  must  be  entered  at  this 
time.  For  example :  a  plea  in  abate- 
ment, or  a  plea  in  bar  of  trial. 

15.  Should  the  accused  plead  guilty, 
the  president  of  the  court  will  halt  the 
proceedings  and  explain  to  the  ac- 
cused the  meaning  of  such  a  plea,  ask 
him  if  he  understands  the  same,  and 
question  him  to  such  extent  that  there 
can  be  no  misunderstanding  of  the 
action  he  has  taken  in  pleading  guilty. 
He  will  explain  to  the  accused  the 
penalty  that  the  court  may  impose  for 
such  an  offence  and  make  certain  that 
the  accused  fully  understands  it. 

16.  The  prosecution,  conducted  by  the 
judge  advocate,  then  begins  the  pres- 
entation of  the  case.  The  judge  advo- 
cate announces :  The  judge  advocate 
desires  to  introduce  (naming  the  wit- 
ness) as  a  witness  for  the  prosecution. 
The  witness  enters.  The  judge  advo- 
cate directs  him  to  hold  up  his  right 
hand.  (If  he  is  wearing  gloves,  the 
judge  advocate  directs  him  to  remove 
the  right-hand  glove).  The  following 
oath  is  administered  by  the  judge  advo- 
cate, both  he  and  the  witness  standing : 
You  swear  or  affirm,  that  the  evidence 
that  you  shall  give  in  the  case  now  in 
hearing  shall  be  the  truth,  the  whole 
truth,  and  nothing  but  the  truth.  So 
help  you  God. 

The  judge  advocate  directs  the  wit- 
ness to  be  seated  in  the  witness  chair 
and  cautions  him  to  speak  slowly  and 
distinctly  to  the  court  in  order  that  all 
may  hear  what  he  has  to  say.  The 
judge  advocate  then  proceeds  to  the  di- 
rect examination  of  the  witness,  in  the 
case  of  a  military  witness,  by  asking: 
State  your  name,  rank,  organization 
and  station,  or  in  the  case  of  a  civilian 
witness.  State  your  name  and  residence. 
Then  follows  the  identification  of  the 
accused :  Do  you  know  the  accused?  If 
so.  state  who  he  is. 

Tlien  follow  any  other  questions 
that  the  judge  advocate  desires  to  ask 


42 


Night   Operations 


the  witness  in  the   prosecution  of  the 
case. 

17.  At  the  conclusion  of  the  direct 
examination,  the  judge  advocate  an- 
nounces that  fact  and  the  witness  is 
turned  over  to  the  defence  for  the  cross- 
examination  by  the  counsel  for  the 
accused.  The  judge  advocate  is  then 
given  an  opportunity  to  re-examine  the 
witness  and  the  defense  to  re-cross- 
examine  the  witness.  At  the  conclusion 
of  all  this  the  president  inquires :  Ques- 
tions by  the  members  of  the  court t  and 
the  members  of  the  court  are  then  per- 
mitted to  ask  any  questions  they  desire. 
Upon  the  completion  of  this,  the  wit- 
ness is  excused. 

18.  Should  a  question  be  asked  of  a 
witness,  either  by  the  prosecution  or  by 
the  defence,  to  which  objections  is 
made  by  the  opposite  party  in  the  case, 
the  party  objecting  will  announce,  be- 
fore the  witness  has  had  an  opportun- 
ity to  answer:  /  object  to  that  question, 
after  which  he  states  the  grounds  upon 
which  the  objection  is  based.  The  op- 
posite party  is  then  given  an  oppor- 
tunitj'^  to  reply  to  the  objection  and, 
after  all  conversation  on  the  matter 
has  been  concluded,  the  president  an- 
nounces :  The  court  will  be  closed.  All 
persons  in  the  court  room,  other  than 
the  members  of  the  court,  will  with- 
draw. The  court  deliberates  the  ques- 
tion and  a  vote  is  taken  on  the  subject, 
starting  with  the  junior  member  of 
the  court.  The  majority  rules.  If 
there  is  a  tie  vote,  the  proposition  is 
lost.  The  president  announces :  The 
court  is  opened.  Those  who  withdrew 
are  recalled,  as  indicated  in  paragraph 
8.  The  president  annoimces :  The  ob- 
jection is  sustained,  and  the  question 
zvill  not  be  answered,  or,  The  objection 
is  not  sustained,  and  the  witness  will 
proceed  to  answer  the  question.  In  the 
latter  case  the  question  is  again  asked 
and  the  witness  required  to  answer. 

19.  After  all  the  witnesses  for  the 
prosecution  have  been  examined  the 
judge  advocate  will  introduce  any  docu- 
mentary evidence  he  may  have  to  place 
before  the  court  for  its  consideration. 
Documentary  evidence  may  be  intro- 
duced at  any  time,  though  the  rule  is 


that  it  will  be  introduced  at  the  con- 
clusion of  the  examination  of  the  wit- 
nesses for  one  side  or  the  other. 

After  the  judge  advocate  has  con- 
cluded his  side  of  the  case  for  the  gov- 
ernment he  announces :  The  prosecu- 
tion here  rests.  The  witnesses  for  the 
defence  are  then  called  as  indicated 
by  the  counsel  for  the  accused  and 
their  examination  proceeds  as  for 
those  of  the  prosecution.  The  counsel 
for  the  accused  conducts  the  direct  ex- 
amination and  the  judge  advocate  the 
cross-examination.  The  defence  then 
submits  any  documentary  evidence  that 
it  desires  considered  and,  when  there 
is  nothing  further,  the  counsel  an- 
nounces :  The  accused  desires  to  be 
sworn  as  a  witness  in  his  own  behalf, 
or.  The  accused  desires  to  make  a 
verbal  statement  in  his  own  behalf,  or, 
The  accused  desires  to  submit  a  writ- 
ten statement  in  his  own  behalf.  In 
the  first  case,  where  the  accused  is 
sworn  as  a  witness  in  his  own  behalf, 
he  is  examined  by  the  counsel  for  the 
defence  and  is  subject  to  cross-exam- 
ination by  the  judge  advocate  and  to 
questions  by  members  of  the  court.  In 
the  second  case  the  accused  merely 
makes  a  verbal  statement  to  the  court, 
which  is  unsworn,  and  may  be  taken 
for  what  it  is  worth ;  in  the  third  case 
the  accused  submits  a  written  state- 
ment to  the  court  which  is  read  by 
the  judge  advocate  and  appended  to  the 
record  of  the  court  as  a  part  of  the 
record  in  the  case. 

20.  Following  this,  tlie  counsel  for  the 
defence  is  given  an  opportunity  to  make 
a  summing  up  of  the  case  and  an  argu- 
ment for  the  accused.  This  is  followed 
by  the  action  of  the  judge  advocate 
who  may  make  answer  to  the  argument 
of  the  defence.  In  case  the  judge 
advocate  has  nothing  further,  he  an- 
nounces :  The  judge  advocate  submits 
the  case  zvithotit  remark.  In  any 
event,  the  judge  advocate,  on  behalf 
of  the  government,  has  the  last  word 
in  the  case.  The  president  announces : 
The  court  zvill  be  closed. 

21.  All  persons  in  the  court  room 
withdraw  except  the  members  of  the 
court,  who  proceed  to  a  finding  in  the 


Night   Operations 


43 


case.  After  deliberating  over  the  case 
to  such  extent  as  may  be  necessary  and 
discussing  it  to  the  extent  desired  by  the 
members,  the  president  announces:  In 
the  absence  of  objection,  we  will  pro- 
ceed to  vote  on  a  finding  in  this  case. 

The  president  reads,  or  causes  to  be 
read,    the    first    specification    and    then 
calls  upon  each  member,  starting  with 
the  junior,  to  register  his  vote  on  the 
finding.     The    remaining   specifications 
to  a  charge  are  taken  up  in  their  order 
and    each    voted    on    in    like    manner. 
Then,  the  charge  is  voted  on.  The  mem- 
bers register  their  votes :  guilty  or,  not 
guilty,  or,  sustain  the  pica,  or,  guilty  as 
plead.     The  president  of  the  court  re- 
cords the  votes  and  announces  the  re- 
sult at  the  end  of  each  voting  period. 
The  majority  rules.     In  case  of  a  tie 
in  the  vote  upon  a  certain  specification 
the    finding   is    "not   guilty,"   in    other 
words,  the  accused  is  given  the  benefit. 
22.  After  arriving  at  a  finding  on  all 
the  specifications  and  charges,  and  hav- 
ing   verified    same,    the    president    an- 
nounces:   The    court    will    be    opened. 
The  judge  advocate  is  notified  and  the 
parties    that    withdrew    return    to    the 
court   room   as    in   paragraph   8.     The 
president    inquires:    Is   there   anything 
further  to  submit  in  this  case? 

If  there  is  nothing  further,  the  judge 
advocate    so    announces.      If    there    is 
evidence   of    previous   convictions   that 
have    been    referred    to    the    court    by 
proper   authority,    the    judge    advocate 
announces:    The    jiidcfe    advocate    has 
the    following    evidence     of    previous 
convictions  to  present  for  the  consid- 
eration of  the  court.    The  judge  advo- 
cate   reads    the    evidence    of    previous 
convictions  and,  after  completing  each 
case,  the  accused  is  permitted  to  verify 
the  same  and  add  such  remarks  as  may 
be    appropriate.        The    president    an- 
nounces :  The  court  will  be  closed.    All 
except  the  members  of  the  court  again 
withdraw,  and  the  court  proceeds  to  a 
sentence  in  the  case. 

23.  In  arriving  at  a  sentence,  after  a 
finding  of  guilty,  the  court  proceeds  as 
follows : 

(a)   One  member  of  the  court  is  de- 
tailed to  verify  the  maximum 


limit  of   punishment  that  may 
be  awarded  in  the  case.     This 
precaution  is  taken  to  avoid  a 
sentence     greater      than      the 
maximum    authorized. 
(6)  The  president  of  the  court  calls 
upon  members  to  submit  sen- 
tences.   Those  who  so  desire, 
write    out    a    sentence    on    a 
piece  of  paper  and  pass  it  to 
the   president.     When    one    or 
more  have   been   received,  the 
president  arranges  them  in  the 
order  of  their  severity  and  in- 
quires :    Are    any    other    sen- 
tences proposed?    If   there  be 
none,  the  president  selects  the 
least  severe  sentence  that  has 
been    proposed,    reads    it,    and 
calls  for  a  vote  on  it. 
(c)  The  members  vote  "yes,"  indi- 
cating that  they  concur  in  the 
sentence    or    "  no,"    indicating 
that  they  do  not  concur  in  it. 
The    voting     starts    with    the 
junior    member    of    the    court, 
and  proceeds  as  indicated  pre- 
viously   when    voting    on    the 
finding.    The  president  records 
the  vote  and  announces  the  re- 
sult.    The   majority  rules.     If 
there  is  a  tie  vote  the  sentence 
is  lost.     In  this  case  the  court 
proceeds  to  vote  in  like  man- 
ner upon  the  next  least  severe 
sentence      proposed.        Should 
this  also  be  lost,  voting  is  con- 
tinued  on   sentences  until   one 
is    carried.      This    is    the    sen- 
tence of  the  court. 

24.  The  judge  advocate  is  recalled 
and  the  president  gives  him  the  findings 
and  sentence,  which  he  preserves  for 
record  in  the  case.  The  court  then  pro- 
ceeds to  the  consideration  of  other 
business  or  adjourns  to  meet  at  the 
call  of  the  president:  or  adjourns  to 
meet  at  a  certain  time;  or  takes  a  re- 
cess for  such  a  time. 

25.  In  the  preparation  of  the  record 
of  a  case  the  reporter  writes  up  all  the 
proceedings,  entering  everything  that 
transpires  during  the  trial,  including 
all  the  evidence,  objections,  rulings  of 
the  court,  etc.     The  judge  advocate  is 


44 


Night   Operations 


required  to  enter  the  findings  and  the 
sentence  in  the  record  in  his  own  hand- 
writing or  on  a  typewriter,  in  which 
latter  case  he  is  required  to  certify 
that  he  personally  recorded  the  find- 
ings and  sentence.  The  record  of  the 
trial  is  signed  by  the  president  of  the 
court  and  the  judge  advocate,  sealed, 
and  mailed  to  the  convening  authority 
for  final  action. 

Q.  In  comparison  with  the  proceedings  of 
a  civil  court,  what  are  the  duties  of 
the  members  and  of  the  judge  advo- 
cate of  a  coitrt-martialf 

A.     The  members   of  the  court  act  in   the 
capacity  of  both  judge  and  jury. 
2.  The  judge  advocate  is  the  prosecuting 
attorney,  or  state's  attorney. 

Q.  What  action  is  taken  by  a  member  of  the 
court  when  he  is  unable  to  attend  a 
session  f 

A.  He  will  communicate  the  cause  to  the 
judge  advocate,  and  the  same  will  be 
entered  on  the  record  of  the  pro- 
ceedings. 

Q.  Who  is  the  president  of  a  general  court- 
martial? 

A.  The  president  of  the  court  is  not  an- 
nounced. The  senior  officer  present 
acts  as  president. 

Q.  What  are  the  duties  of  the  president  of  a 
general  court-martialf 

A.  1.  He  has  the  ordinary  duties  and  priv- 
ileges of  the  member  of  a  court. 

2.  He  is  the  organ  of  the  court  to  main- 
tain order   and  conduct  its  business. 

3.  He  speaks  and  acts  for  the  court  in 
every  instance  where  a  rule  of  action 
has  been  prescribed  by  law,  regula- 
tions or  its  own  resolution. 

4.  He  administers  the  oath  to  the  judge 
advocate. 

5.  He  authenticates  by  his  signature,  all 
acts,  orders  and  proceedings  of  the 
court  requiring  it. 

6.  He  takes  the  proper  steps  to  insure 
prompt  trial  and  disposition  of  all 
charge  referred  to  the  court  and  keeps 
the  court  advised  thereof. 

Q.  What  are  the  duties  of  the  judge  advo- 
cate with  regard  to  the  accused  prior  to 
the  assembling  of  the  court  for  his 
trial? 

A.  1.  He  should  acquaint  the  accused  with 
the  accusations  against  him. 


2.  He  should  inform  him  of  his  right  to 
have  counsel,  and  arrange  for  the  de- 
tail of  counsel  when  one  is  desired  by 
the  accused. 

3.  He  should  inform  him  of  his  right  to 
testify  in  his  own  behalf  or  to  make 
a  statement  to  the  court. 

4.  He  should  furnish  him  with  a  copy  of 
charges  against  him  if  so  desired. 

5.  He  may  ask  the  prisoner  how  he  in- 
tends to  plead ;  but,  when  the  accused 
is  an  enlisted  man,  he  should  in  no  case 
try  to  induce  him  to  plead  guilty  or 
leave  him  to  infer  that  if  he  does  so 
his  punishment  will  be  lighter. 

Q.  When  the  accused  decides  to  plead 
"  Guilty,"  what  are  the  duties  of  the 
judge  advocate  towards  him? 

A.  1.  Advise  him  of  his  right  to  introduce 
evidence  in  explanation  of  his  offence, 
and  assist  him  in  securing  it. 
3.  During  the  trial  he  will  see  that  the 
accused  has  full  opportunity  to  inter- 
pose such  pleas  and  make  such  defence 
as  may  best  bring  out  the  facts,  the 
merits,  or  the  extenuating  circum- 
stances of  the  case. 
3.  In  so  far  as  such  action  may  be  taken 
without  prejudice  to  the  accused,  any 
advice  given  him  by  the  judge  advocate 
should  be  given  or  repeated  in  open 
court  and  noted  on  the  record. 

Q.  What  are  the  duties  of  a  judge  advocate 
with  respect  to  the  witnesses  before 
the  trial  of  a  case  begins? 

A.  He  will  summon  the  necessary  witnesses, 
make  a  preliminary  examination  of 
those  for  the  prosecution,  and,  as  far 
as  possible,  systematize  his  plans  for 
conducting  the  case. 

Q.  What  are  the  duties  of  a  judge  advo- 
cate during  the  trial  of  a  case? 

A.  1.  He  conducts  the  case  for  the  govern- 
ment and  prepares  the  record. 

2.  He  executes  all  the  orders  of  the  court. 

3.  He  reads  the  convening  order  to  the 
accused;  swears  the  members  of  the 
court,  the  interpreter,  the  reporter  and 
all  witnesses. 

4.  He  arraigns  the  accused ;  examines  the 
witnesses. 

5.  He  keeps  or  superintends  the  keeping 
of  an  accurate  record  of  the  proceed- 
ings and  affixes  his  signature  to  each 
day's  proceedings. 


Military  Law — Concluded  (April,  1917) 


Q.  What  arc  the  duties  of  the  counsel  of  the 
accused? 

A.  He  should  guard  the  interests  of  the 
accused  by  all  honorable  and  legitimate 
means  known  to  the  law,  as  far  as  con- 
sistent with  military  interests.  He 
should  not  obstruct  the  proceedings 
with  frivolous  and  manifestly  useless 
objections. 

Q.  May  a  soldier  be  detailed  as  the  ste- 
nographer of  a  court? 

A.  He  may.  He  will  be  allowed  extra  pay  at 
the  rate  of  5  cents  for  each  100  words 
taken  in  shorthand  and  transcribed. 

Q.  Under  zvhat  conditions  is  a  challenged 
member  of  a  court  excused? 

A.  1.  That  he  sat  as  a  member  of  a  court  of 
inquiry   that   investigated   the   charges. 

2.  That  he  has  personally  investigated  the 
charges  and  expressed  an  opinion 
thereon,  or  that  he  has  formed  a  posi- 
tive and  definite  opinion  as  to  the  guilt 
or  innocence  of  the  accused. 

3.  That  he  is  the  accuser. 

4.  Tliat  he  is  to  be  a  witness  for  the 
prosecution. 

5.  That  (upon  a  rehearing  of  the  case)  he 
sat  as  a  member  on  a  former  trial. 

6.  That,  in  the  case  of  the  trial  of  an 
officer,  the  member  will  be  promoted  by 
dismissal  of  the  accused. 

7.  That  he  is  related  by  blood  or  marriage 
to  the  accused. 

8.  That  he  has  a  declared  enmity  against 
the  accused. 

Q.  May  the  judge  advocate  challenge  mem- 
bers of  the  court? 

A.  While  there  is  no  statutory  authority  for 
it,  the  practice  is  that  he  may. 

Q.  What  action  is  taken  by  a  member  of  a 
court  who  has  not  been  challenged, 
but,  nevertheless,  believes  himself  to  be 
disqualified? 


A.  He  may  announce  his  disqualification  in 
open  court  in  order  that  he  may  be 
challenged,  or  he  may  apply  to  the 
appointing  authority  to  be  relieved. 

Q.  What  are  the  different  pleas  in  court- 
martial  procedure? 

A.  1.  Plea  to  the  jurisdiction. 

2.  Plea  in  abatement. 

3.  Plea  in  bar  of  trial. 

4    Plea  to  the  general  issue. 
Q.  What  is  a  plea  to  the  jurisdiction? 
A.  A  plea  to  the  jurisdiction  denies  the  right 

of  the  court  to  try  the  case. 
Q.  What  are   the  grounds  for  the  plea   to 

the  jurisdiction? 
A.  1.  That  the   court   was  appointed  by   an 

officer    who    did    not    have    the    legal 

authority  to  do  so. 

2.  That  it  is  composed  wholly  or  in  part 
of  members  not  authorized  to  sit  upon 
such  a  court-martial. 

3.  That  the  accused  is  not  subject  to  the 
jurisdiction  of  the  court. 

4.  That  the  court  has  not  the  legal  power 
to  try  the  offense  charged. 

Q.  What  is  a  pica  in  abatement? 

A.  It  is  based  upon  some  defect  in  the  charge 
or  specification,  and  is  one  that  oper- 
ates merely  to  delay  the  trial.  An 
accused  who  submits  a  plea  in  abate- 
ment must  show  how  the  error  may  be 
corrected.  The  judge  advocate  will 
correct  the  error  so  as  to  meet  the 
objection,  and  the  trial  proceeds. 

Q.  What  are  the  picas  in  bar  of  trial? 

A.  1.  Statute  of  Limitations. 

2.  Pardon. 

3.  Constructive  condonation. 

Q.  What  is  the  Statute  of  Limitations? 

A.  They  are  statutes  of  which  the  accused 
may  take  advantage,  thereby  depriving 
the  Government  of  the  power  to  try  or 
punish  him  after  the  lapse  of  a  specified 

45 


46 


Night   Operations 


period  following  the  commission  of  the 
offense.  They  are  enacted  to  secure 
the  prompt  punishment  of  criminal 
offenses,  and  to  obtain  the  attendance 
of  the  witnesses  at  the  trial  while  the 
recollection  of  the  event  is  still  fresh 
in  their  minds.  In  court-martial  prac- 
tice, prosecutions  are  limited  both  as 
to  time  and  as  to  number. 

Q.  For  what  crimes  are  there  no  statutes 
of  limitations? 

A.  1.  Desertion  in  time  of  war. 

2.  Mutiny. 

3.  Murder. 

Q.  In  what  cases  is  the  statutory  period  ex- 
tended to  three  years? 
A.  1.  Desertion  in  time  of  peace. 

2.  The  crimes  (felonies)  enumerated 
under  the  93rd  Article  of  War. 

3.  The  crimes  and  offenses  (Frauds 
against  the  Government)  enumerated 
in  the  94th  Article  of  War. 

Q.  What  is  the  ordinary  period  of  the  statute 
of  limitations? 

A.  Two  years. 

Q.  How  is  the  time  of  the  statute  of  limi- 
tations computed? 

A.  The  point  at  and  from  which  the  period 
of  limitation  begins  is  the  date  of  the 
commission  of  the  offense.  The  point 
at  which  the  period  of  limitation  termi- 
nates, and  from  which  said  period  is 
to  be  reckoned  back,  is  the  date  of  the 
arraignment  of  the  accused. 

Q.  What  periods  of  time  are  excluded  in  the 
computation  of  the  period  of  limita- 
tion? 

A.  1.  The  period  of  any  absence  of  the 
accused  from  the  jurisdiction  of  the 
United  States. 
2.  Any  period  during  which,  by  reason  of 
some  manifest  impediment,  the  accused 
shall  not  have  been  amenable  to  mili- 
tary justice. 

Q.  In  military  practice  may  a  person  be  tried 
twice  for  the  same  offense? 

A.  He  may  not 

Q.  What  constitutes  a  "trial?" 

A.  When  the  accused  has  been  duly  con- 
victed or  acquitted  by  a  court-martial 
he  has  been  "tried." 

Q.  What  is  meant  by  pardon? 

A.  A  pardon  is  the  act  of  the  President 
which  exempts  the  individual  on  whom 


it  is  bestowed  from  the  punishment 
which  the  law  inflicts  for  the  crime 
that  he  has  committed. 

Q.  What  is  meant  by  constructive  condona- 
tion? 

A.  Where  a  deserter  has  been  restored  to 
duty,  without  trial,  by  the  authority 
competent  to  order  his  trial,  this  action 
is  regarded  as  a  constructive  condona- 
tion of  the  offense  and  may  be  pleaded 
in  bar  of  trial  subsequently  ordered. 

Q.  What  are  some  of  the  inadmissible 
special  pleas? 

A.  1.  Former  punishment;  that  is,  the  ac- 
cused has  already  been  adequately  pun- 
ished by  his  commanding  officer  for  the 
offense. 

2.  Illegal  enlistment ;  that  is,  that  the  ac- 
cused claims  to  have  enlisted  under  age, 
without  the  necessary  consent  of  his 
parents  or  guardian. 

3.  Release  from  arrest. 

4.  Undergoing  sentence  of  a  court- 
martial. 

5.  Long  delay  in  bringing  to  trial,  but 
within  the  period  of  the  statutes  of 
limitation. 

6.  Malice  of  the  accuser. 

7.  Bad  character  of  the  accuser. 

8.  Intoxication. 

9.  Insanity. 

10.  Obedience  to  military  order. 

11.  Mistake  of  fact  or  law. 

Q.  What  are  the  pleas  to  the  general  issue? 

A.  Usually  the  plea  of  the  accused  is 
"guilty"  or  "not  guilty"  to  each 
charge  and  specification ;  or,  guilty  to 
a  specification,  excepting  certain  words, 
and  to  the  excepted  words  not  guilty; 
or,  as  when  charged  with  an  offense 
which  includes  a  lesser  one  of  a  kin- 
dred nature,  guilty  to  the  specification 
excepting  certain  words  and  substitut 
ing  therefor  certain  others,  to  the  ex- 
cepted words,  not  guilty;  to  the  sub- 
stituted words,  "guilty,"  and  to  the 
charge  not  guilty,  but  guilty  of  the 
included  lesser  offense, 

Q.  When  a  plea  of  guilty  is  entered,  does  that 
exclude  evidence  being  taken? 

A.  It  does  not.  The  court  should  take  evi- 
dence after  a  plea  of  guilty,  except 
when  the  specification  is  so  descrip- 
tive as  to  disclose  all  the  circumstances 
of  mitigation  or  aggravation. 


Night   Operations 


47 


Q.  What  action  is  taken  upon  a  plea  ■  of 
guilty  entered  by  the  accused? 

A.  The  president  of  the  court  is  required  to 
explain : 

1.  Tlie  various  elements  which  constitute 
the  offense  charged. 

2.  The  maximum  punishment  which  may 
be  adjudi^ed  by  the  court  for  the  offense 
to  which  the  accused  has  pleaded 
guilty. 

Note. — The    accused    will    then   be   asked 
whether  he  fully  understands  that,  by  plead- 
ing guilty  to  such  a  charge  or  specification, 
he  admits  having  committed  all  the  elements 
of  the  crime  or  offense  charged,  and  that  he 
may  be  punished  as  stated.     If  he  replies  in 
the  affirmative,  the  plea  of  guilty  will  stand; 
otherwise  a  plea  of  not  guilty  will  be  entered. 
Q.  When  an  accused  pleads  guilty  and  there- 
after  makes   a   statement   at   variance 
with  his  plea,  what  action  is  taken? 
A.  The  plea  of  guilty  is   withdrawn  and   a 
plea  of  not  guilty  substituted  therefor. 
Q.  May   a   plea    of  "  guilty,   without   crimi- 
nality "  be  entered. 
A.  No.    It  is  the  same  as  a  plea  of  not  guilty. 
Q.  What  action  is  taken  when  an  accused 
refuses  to  plead,  standi  mute,  or  an- 
swers irrelevantly? 
A.  The  court  proceeds  to  trial  and  judgment 

as  if  he  had  pleaded  "  not  guilty." 
Q.  What  is  a  nolle  prosequi? 
A.  A  declaration  of   record  on  the  part  of 
the    prosecution    that    it    withdraws    a 
charge    or    specification    from    the    in- 
vestigation and  will  not  prosecute  t?ie 
same  at  the  trial. 
Q.  Who  has  authority  to  enter  a  nolle  pro- 
sequi? 
A.  The  convening  authority. 
Q.  What  are  the  principal  grounds  for  nolle 

prosequi  in  court-martial  practice? 
A.  1.  The  fact  that  the  charge  or  specifica- 
tion   is   discovered   to  be   substantially 
defective  and  insufficient  in  law. 

2.  That  it  is  ascertained  the  allegations 
cannot  be  proved. 

3.  That  the  testimony  available  is  not 
sufficient  to  sustain  the  allegations. 

4.  That  the  criminality  of  one  of  the  ac- 
cused, where  there  are  several,  cannot 
be  established. 

5.  That  it  is  proposed  to  use  one  of  the 
accused  as  a  witness. 


Q.  Who  procures  the  attendance  of  witnesses 

before  a  court-martial? 
A.  Tlie  judge  advocate. 

Q.  How  is  the  attendance  of  witnesses 
ordinarily  secured? 

A.  1.  Persons  in  the  military  service  sta- 
tioned at  or  near  the  place  of  trial: 
(o)  By  informal  notice  served  by  the 
judge  advocate  upon  the  person  con- 
cerned, {b)  If  for  any  reason  a  formal 
notice  is  required,  the  judge  advocate 
will  request  the  commanding  officer  to 
order  the  witness  to  attend. 

2.  Persons  in  the  military  service  sta- 
tioned at  points  distant  from  the  place 
of  trial,  when  mileage  is  involved : 
The  judge  advocate  will  request  that 
orders  issue  for  witness  to  attend. 

3.  Civilian  witnesses:  The  judge  advo- 
cate will  endeavor  to  secure  attendance 
by  correspondence,  sending  the  witness 
subpoenas  in  duplicate  and  a  request 
to  accept  service  by  correspondence. 
If  such  informal  methods  are  ineffec- 
tive, formal  duplicate  subpoena  will  be 
issued  by  the  judge  advocate  for  ser- 
vice on  the  witness.  If  the  witness  is  at 
or  near  the  post  where  the  court  is 
sitting,  service  may  be  made  by  the 
judge  advocate  or  by  a  person  desig- 
nated by  him.  If  the  witness  is  at  or 
near  another  post,  the  judge  advocate 
will  send  the  subpoena  direct  to  the 
commanding  officer  of  such  post,  re- 
questing the  service  of  same.  If  the 
witness  does  not  reside  near  any  mili- 
tary post  or  command,  the  judge  advo- 
cate will  send  the  subpoena  to  the 
department  commander  requesting 
service. 

Q.  In  what  class  of  cases  are  depositions 
prohibited? 

A.  They  cannot  be  introduced  by  the  prose- 
cution in  capital  cases. 

Q.  JVhat  is  a  subpoena  duces  tecum? 

A.  It  is  a  subpoena  requiring  a  person  to 
present  himself  before  the  court, 
bringing  with  him  certain  books,  papers 
or  documents  which  it  is  desired  to 
introduce  in  evidence. 

Q.  How  may    the   attendance    of   a   civilian 

witness  be  compelled? 
A.  By  a  warrant  of  attachment. 


48 


Night  Operations 


Q.  What  action  is  taken  when  a  warrant  of 

attachment  becomes  necessary? 
A.  1.  The  judge  advocate  will  issue  the  war- 
rant of  attachment  and  deliver  it  to 
the  officer  designated  by  the  depart- 
ment commander  for  execution. 
2.  The  following  papers  will  accompany 
the   warrant   of   attachment. 

(a)  The  original  order  (and  modi- 
fying orders)  appointing  the 
court  for  the  trial  of  the  case 
in  which  the  witness  is  to 
testify. 
(&)  A  copy  of  the  charges  and 
specifications  in  the  case  as 
referred  for  trial, 
(r)  The  original  subpoena,  with  the 

proof  of  service. 
{d)  An  affidavit  of  the  judge  advo- 
cate or  summary  court  officer 
that  the  person  being  attached 
is    a    material    witness    in    the 
case;    that  he   has    failed   and 
neglected   to   appear,  although 
sufficient  time  has  elapsed  for 
that    purpose;     and     that     no 
valid  excuse  has  been  ofifered 
for  such  failure  to  appear. 
Q.  What  action  is  necessary  when  force  has 
to  be  resorted  to  to  compel  the  atten- 
dance of  a  witness? 
A.  The    post    commander    nearest    the    resi- 
dence of  the  witness  will  furnish  a  mili- 
tary' detail    sufficient    to    execute    the 
process. 
Q.  If,  while  serving  a  warrant  of  attachment 
for  a  witness,  an  officer  is  served  with 
a  writ  of  habeas  corpus  from  a  United 
States  Court  or  a  United  States  Judge, 
what  action  is  taken? 
A.  1.  The   writ   will   be  promptly  obeyed. 

2.  The  person  alleged  to  be  illegally  re- 
strained of  his  liberty  will  be  taken 
before  the  court  from  which  the  writ 
has  issued. 

3.  A  return  will  be  made  setting  forth 
the  reasons  for  the  restraint. 

4.  The  officer  upon  whom  such  a  writ  is 
served  will  at  once  report  by  telegraph 
the  fact  of  such  service  direct  to  the 
Adjutant  General  of  the  Army  and  to 
the  Commanding  General  of  the  de- 
partment. 

Q.  If  a  writ  of  habeas  corpus  is  issued  by  a 


state   court   or   judge,   what  action   is 
taken? 

A.  1.  The  officer  will  make  respectful  re- 
turn, in  writing,  informing  the  court 
that  he  holds  the  person  named  in  the 
writ,  by  authority  of  the  United  States, 
pursuant  to  a  warrant  of  attachment, 
issued  under  Section  3  of  the  Act  of 
Congress,  approved  August  29th,  1916, 
by  a  judge  advocate  of  a  lawfully  con- 
vened general,  special  (or  summary) 
court-martial,  and  tlnat  the  Supreme 
Court  of  the  United  States  has  decided 
that  state  courts  and  judges  are  with- 
out jurisdiction  in  such  cases. 
2.  After  having  made  the  return,  it  is  the 
duty  of  the  officer  to  hold  the  prisoner 
in  custody  under  his  warrant  of  attach- 
"ment,  and  to  refuse  obedience  to  the 
mandate  or  process  of  any  government 
except  that  of  the  United  States. 
3.  It  is  the  duty  of  the  officer  not  to  take 
the  prisoner,  nor  suffer  him  to  be  taken, 
before  a  state  judge  or  court  upon  a 
writ  of  habeas  corpus  issued  under 
state  authority. 

Q.  What  action  is  taken  when  a  civilian  wit- 
ness, who  has  been  duly  subpoenaed 
before  a  general  court-martial,  refuses 
to  appear  or  qualify  as  a  witness? 

A.  He  will  at  once  be  tendered  or  paid,  by 
the  nearest  quartermaster,  one  day's  fees 
and  mileage  for  the  journeys  to  and 
from  the  court  and  will  thereupon  be 
again  called  upon  to  comply  with  the 
requirements  of  the  law. 

The  23rd  Article  of  war  (new)  provides : 
Every  person  not  subject  to  military  law, 
who,  being  duly  subpoenaed  to  appear  as  a 
witness  before  a  military  court,  commission, 
court  of  inquiry,  or  board,  or  before  any 
officer,  military  or  civil,  designated  to  take 
a  deposition  to  be  read  in  evidence  before 
such  court,  commission,  court  of  inquiry,  or 
board,  wilfully  neglects  or  refuses  to  appear, 
or  refuses  to  qualify  as  a  witness,  or  to 
testify,  or  produce  documentary  evidence 
which  such  person  may  have  been  legallj- 
subpoenaed  to_  produce,  shall  be  deemed 
guilty  of  a  misdemeanor,  for  which  such 
person  shall  be  punished  on  information  in 
the  district  court  of  the  United  States,  or 
in  a  court  of  original  criminal  jurisdiction  in 
any  of  the  territorial  possessions  of  the 
United  States,  jurisdiction  hereby  being  con- 
ferred upon  such  courts,  for  such  purpose; 
and  it  shall  be  the  duty  of  the  United  States 
District  Attorney  or  other  officer  prosecuting 
for   the  government   in   any   such   court  of 


Night  Operations 


49 


original  criminal  jurisdiction,  on  the  certifi- 
cation of  the  facts  to  him  by  the  military- 
court,  commission,  court  of  inquiry,  or  board, 
to  file  an  information  against  and  prosecute 
the  person  so  offending,  and  the  punishment 
of  such  person,  on  conviction,  shall  be  a 
fine  of  not  more  than  $500,  or  imprisonment 
not  to  exceed  six  months,  or  both,  at  the 
discretion  of  the  court :  Provided  that  the 
fees  of  such  witness  and  his  mileage,  at  the 
rates  allowed  to  witnesses  attending  the  courts 
of  the  United  States,  shall  be  duly  paid  or 
tendered  said  witness,  such  amounts  to  be 
paid  out  of  the  appropriation  for  the  com- 
pensation of  witnesses. 

Q.  May  a  court-martial  punish  for  contempt? 

A.  A  court-martial  may  punish,  at  discre- 
tion, subject  to  the  limitations  in  A.  W. 
14  (with  respect  to  summary  courts) 
any  person  who  uses  any  menacing 
words,  signs  or  gestures  in  its  presence, 
or  who  disturbs  its  proceedings  by  any 
riot  or  disorder.  Such  punishments 
require  the  approval  of  the  reviewing 
authority  in  order  to  become  effective. 

Q.  Under  what  circumstances  are  depositions 
admissible  before  court-martial? 

A.  A  duly  authenticated  deposition,  taken 
upon  reasonable  notice  to  the  opposite 
party,  may  be  read  in  evidence  before 
any  military  court  or  commission  in 
any  case  not  capital ;  or  in  any  pro- 
ceeding before  a  court  of  inquiry  or  a 
military  board,  if  such  deposition  is 
taken  in  cases  where  the  witness  re- 
sides, is  found,  or  is  about  to  go, 
beyond  the  state,  territory  or  district 
in  which  the  court,  commission,  or 
board  is  ordered  to  sit ;  or  beyond  the 
distance  of  100  miles  from  the  place 
of  trial  or  hearing ;  or  when  it  appears 
to  the  satisfaction  of  the  court,  com- 
mission, or  board,  or  appointing  author- 
ity that  the  witness,  by  reason  of  age, 
sickness,  bodily  infirmity,  imprison- 
ment, or  other  reasonable  cause,  is 
unable  to  appear  and  testify  in  person 
at  the  place  of  trial  or  hearing;  pro- 
vided, that  testimony  by  deposition  may 
be  adduced  for  the  defense  in  capital 
cases. 

Q.  What  is  the  procedure  when  depositions 
are  to  be  taken? 

A.  1.  All  the  interrogatories  to  be  pro- 
pounded are  entered  on  the  form  for 
interrogatories  and  deposition,  and 
the     trial      judge-advocate,      summary 


court  officer,  or  recorder  will  take  ap- 
propriate steps  to  cause  the  desired 
deposition  to  be  taken  with  the  least 
practicable  delay. 

2.  In  an  ordinary  case  he  will  either 
send  the  interrogatories  to  the  com-  • 
manding  officer  of  the  post,  recruiting 
station  or  other  military  command  at 
or  near  which  the  person  whose  de- 
position is  desired  is  stationed,  re- 
sides or  is  understood  to  be ;  or  will 
send  them  to  some  other  responsible 
person,  preferably  a  person  competent 
to  administer  oaths,  at  or  near  the 
place  at  which  the  person  whose  depo- 
sition is  desired  is  understood  to  be. 
In  a  proper  case,  the  interrogatories 
may  be  sent  to  the  department  or 
superior  commander  or  to  the  witness 
himself,  and  in  any  case  they  will,  when 
necessary,  be  accompanied  by  a  proper 
explanatory  letter. 

3.  When  interrogatories  are  received  by  a 
commanding  officer  he  will  either  take, 
or  cause  to  be  taken,  the  deposition 
thereon.  He  may  send  an  intelligent 
enlisted  man — preferably  a  noncommis- 
sioned officer,  if  available — to  the  neces- 
sary place  for  the  purpo»e  of  obtain- 
ing the  deposition,  or  he  may  arrange 
by  mail  or  otherwise  that  the  deposition 
be  taken.  The  deposition  will  be  taken 
with  the  least  practicable  delay  and, 
when  taken,  will  be  sent  at  once  direct 
to  the  judge  advocate  of  the  court- 
martial  trying  the  case. 

4.  If  the  witness  whose  deposition  is 
desired  is  a  civilian,  the  judge  advo- 
cate, or  other  person  sending  inter- 
rogatories, will  inclose  with  them  a 
prepared  voucher  for  the  fees  and 
mileage  of  the  witness,  leaving  blank 
such  spaces  therein  as  may  be  neces- 
sary, together  with  the  required  num- 
ber of  copies  of  the  order  appointing 
the  court,  commission  or  board.  The 
judge  advocate,  summary  court  officer, 
or  recorder  will  also  send  with  the  inter- 
rogatories a  subpoena  in  duplicate  re- 
quiring the  witness  to  appear  in  person 
at  the  time  and  place  to  be  fixed  by  the 
officer,  military  or  civil,  who  is  to  take 
the  deposition.  If  the  name  of  this 
officer  is  not  known,  the  space  provided 
for  it  will  be  left  blank. 


50 


Night   Operations 


5.  If  a  military  officer  takes  the  deposi- 
tion, he  will  complete  the  witness 
voucher,  certify  it,  and  transmit  it  to 
the  nearest  disbursing  quartermaster 
for  payment. 

6.  When  the  deposition  is  taken  by  a  civil 
officer,  he  will  be  asked  to  obtain  and 
furnish  to  the  military  officer,  requested 
or  designated  to  take  the  deposition  or 
cause  it  to  be  taken,  the  necessary  data 
for  the  completion  of  the  witness 
voucher,  and  the  latter  will  complete 
the  voucher,  certify  it,  and  transmit  it 
to  the  nearest  disbursing  quartermaster 
for  payment. 

7.  In  the  case  of  military  witnesses,  sub- 
poena will  not  accompany  the  inter- 
rogatories, but  the  officer  before  whom 
the  deposition  is  to  be  taken  will  take 
the  necessary  steps  to  have  the  wit- 
nesses appear  at  the  proper  time  and 
place. 

Q.  What  is  the  duty  of  the  court  with  re- 
spect to  the  protection  of  witnesses? 

A.  It  is  the  duty  of  the  court  to  protect 
every  witness  from  irrelevant,  insulting, 
or  improper  questions;  from  harsh  or 
insulting  treatment,  and  from  unneces- 
sary inquiry  into  his  private  affairs. 
The  court  must  forbid  any  questions 
which  appear  to  be  intended  to  insult 
or  annoy  any  witness,  or  which,  though 
proper  in  themselves,  appear  to  be 
needlessly  offensive  in  form. 

Q.  Under  what  conditions  may  eindence  of 
character  and  the  services  of  the  ac- 
cused be  important? 

A.  1.  When  the  evidence  of  the  guilt  is  not 
strong  and  the  good  reputation  of  the 
accused  will  strengthen  the  presump- 
tion of  innocence. 

2.  When  the  punishment  is  discretionary, 
such  evidence  may  be  introduced  with 
a  view  to  inducing  the  court  to  impose 
a  milder  sentence. 

3.  When  the  punishment  is  mandatory, 
such  evidence  may  be  introduced  with 
a  view  to  inducing  the  court  to  recom- 
mend clemency. 

4.  In  any  case,  such  evidence  may  be 
introduced  with  a  view  to  inducing  the 
reviewing  authority  to  extend  clemency. 

Q.  Is  evidence  of  the  bad  character  of  the 

accused  adtnissible? 
A.  It  is  not.     If  the  accused  takes  the  wit- 


ness stand  in  his  own  behalf,  his  ver- 
acity as  a  witness  may  be  attacked  as 
in  the  case  of  any  other  witness. 

Q.  May  the  accused  appear  as  a  witness  in 
his  own  behalf? 

A.  Yes.  The  accused  "  shall  at  his  own  re- 
quest, but  not  otherwise,  be  a  com- 
petent witness.  His  failure  to  make 
such  request  shall  not  create  any  pre- 
sumption  against   him." 

Q.  What  procedure  is  required  when  the 
accused  declines  to  appear  as  a  witness 
in  his  own  behalf  or  to  make  a  state- 
ment? 

A.  In  every  case  tried  by  a  general  court- 
martial,  in  which  the  accused  does  not 
testify  or  make  a  statement  in  his  own 
behalf,  it  must  appear  on  record  that 
the  president  of  the  court  explained  to 
the  accused  that  he  was  privileged  to 
testify  in  his  own  behalf  if  he  so  de- 
sire or  to  make  an  unsworn  statement 
to  the  court  in  denial,  in  explanation, 
or  in  extenuation  of  the  offense  with 
which  he  stood  charged.  The  explana- 
tion by  the  president,  and  the  reply  of 
the  accused  thereto,  shall  appear  upon 
the  record  of  the  trial.  The  same 
rule  applies  in  the  case  of  a  special 
court-martial,  where  the  evidence  is 
recorded. 

(J.  What  are  the  general  rules  regarding 
the  examination  of  witnesses. 

A.  1.  They  are  usually  examined  separately. 
This    rule   is   not   inflexible.     It   is   in 
practice    subject    to    the    discretion    of 
the   court,   and   it   is    never   so   rigidly 
observed  as  to  exclude  the  testimony 
of   one   witness   because  he  has   been 
present   at   the   examination    of   other 
witnesses. 
2.  The  examination  of  witnesses  usually 
proceeds  in  the  following  sequence: 
(a)  Witnesses    for   the   prosecution, 
direct,  cross,  re-direct  and  re- 
cross,  examination, 
(fe)  Witnesses  for  the  defense  in  the 
same  order  as  (a). 

(c)  Witnesses  for  the  prosecution  in 

rebuttal  in  the  same  order  as 
in  (a). 

(d)  Witnesses    for    the    accused    in 

rebuttal  of  those  introduced 
by  the  prosecution,  in  the 
order  specified  in   (a). 


Night   Operations 


51 


ie)  Witnesses  for  the  court,  in  the 
order  specified  in  (a). 
The  court  may,  in  the  interest  of  trutli  and 
justice,  call  or  recall  witnesses  or  permit 
their  recall  at  any  stage  of  the  proceedings. 
It  may  permit  material  testimony  to  be  in- 
troduced by  either  party  quite  out  of  its 
regular  order  and  place,  and  permit  a  case 
once  closed  by  either  or  both  sides  to  be 
reopened  for  the  introduction  of  testimony 
previously  omitted,  if  convinced  that  such 
testimony  is  so  material  that  its  omission 
would  leave  the  investigation  incomplete. 
In  all  such  cases,  both  sides  must  be  present, 
and  any  testimony  thus  received  is  subject  to 
cross-examination  and  rebuttal  by  the  party 
to  whom  it  may  be  adverse. 

3.  Leading  questions  which  a  witness  may 
answer  by  "  yes  "  or  "  no  "  should  not 
be  asked,  except  on  cross-examination; 
to  abridge  the  proceedings  where  the 
witness  may  be  led  at  once  to  points 
on    which   he   is   to   testify;    when   the 
witness   appears   to   be  hostile   to  the 
party  calling  him,  or  is  manifestly  un- 
willing to  give  evidence;  where  there 
is  an  erroneous  statement  in  the  testi- 
mony,   evidently    caused    by    fault    of 
memory,  and  where  the  nature  of  the 
case  is  such  that  the  mind  of  the  wit- 
ness cannot  be  directed  to  the  subject 
under  inquiry  by  other  means. 
Q.  Are  affidavits  admissible  in  evidence? 
A.  They  are  not,  unless  expressly  consented 
to  by  the  judge  advocate  and  the  ac- 
cused,    with     full    knowledge    of    his 
rights. 
Q.  What    restriction    is    placed    upon     the 
knowledge  of  the  court  imth  reference 
to  statement  of  service  and  the  evidence 
of  previous  convictions  of  the  accused? 
A.  The  court  will  not  be  permitted  to  see 
either  until  after  they  have  arrived  at 
a   finding.     The   statement  of   service 
may  be  introduced  in  evidence  by  the 
accused  as  proof  of  good  character. 
Q.  What     previous  convictions  ivill  be  con- 
sidered by  a  court-martial? 
A.  1.  Only    those    covering    offenses     com- 
mitted within  the  year  prior  to  the  date 
of  the  offense  for  which  the  accused 
is  being  tried,  and  in  the  current  en- 
listment. 
2.  These    will   be    considered    only    when 
they  are  properly  referred  by  the  con- 
vening authority. 


Q.  What  is  the  object  of  introducing  evi- 
dence of  previous  convictions  before 
court-martial  on  the  finding  of  guilty? 

A.  The  object  is  to  see  if  the  prisoner  is  an 
old  offender,  and  therefore  less  en- 
titled to  leniency  than  if  on  trial  for  his 
first  offense. 

Q.  What  is  the  rule  regarding  the  punishment 
to  be  awarded. 

A.  That  the  least  punishment  by  which  dis- 
cipline can  be  efficiently  maintained  is 
the  proper  amount. 

Q.  What  are  the  legal  punishments  that  gen- 
eral court-martials  may  impose  upon 
officers? 

A.  1.  Death. 

2.  Dismissal,  with  confinement  at  hard 
labor. 

3.  Dismissal. 

4.  Loss   of    rank. 

5.  Suspension  from  rank,  command,  or 
duty,  with  or  without  loss  of  pay  or 
part  of  pay. 

6.  Fine  or  forfeiture  of  pay. 

7.  Confinement  to  limits  of  post  or  com- 
mand. 

8.  Reprimand. 

9.  Admonition. 

Q.  What    legal    punishments    may    courts- 
martial  impose  upon   enlisted  men?, 
A.  1.  Death. 

2.  Dishonorable  discharge. 

3.  Confinement  at  hard  labor. 

4.  Forfeiture  of   pay. 

5.  Hard  labor  without  confinement. 

6.  Forfeiture  of  pay  and  allowances. 

7.  Detention  of  pay. 

8.  Reprimand. 

Q.  What  are  the  rules  regarding  the  dis- 
honorable discharge  of  a  soldier? 

A.  1.  A  dishonorable  discharge  can  be  im- 
posed only  pursuant  to  the  sentence  of 
a  general  court-martial. 

2.  The  date  on  which  the  order  pro- 
mulgating the  sentence  is  received  at 
the  post  where  the  soldier  is  held,  is 
the  date  of  discharge. 

3.  A  sentence  adjudging  a  dishonorable 
discharge  to  take  effect  at  such  period 
during  a  term  of  confinement  as  may 
be  designated  by  the  reviewing  author- 
ity, is  illegal. 

Q.  May  the  deposits  of  a  soldier  be  forfeited 
by  the  sentence  of  a  court-martial? 

A.  They  may  not.  They  are  exempt  from 
liability  to  sentence  of  a  court-martial, 


52 


Night  Operations 


imposing  a  forfeiture  of  pay  and  allow- 
ances. To  sentence  a  soldier  to  deposit 
a  certain  amount  of  his  pay  is  illegal. 

Q.  When  a  disciplinary  punishment  is 
awarded  a  soldier  by  his  company  com- 
mander, what  record  is  made  of  it? 

A.  A  brief  record  will  be  made  showing : 

1.  Name  of  the  accused. 

2.  Brief  statement  of  the  offense,  showing 
time  and  place. 

3.  Statement  as  to  whether  or  not  the 
accused  demanded  trial  by  summary 
court. 

4.  Disposition  of  case,  with  date  and  pun- 
ishment awarded. 

5.  Whether  or  not  appeal  was  made  to 
higher  authority. 

6.  Decision  of  higher  authority  on  appeal. 

7.  Whether  accused  was  required  to  serve 
punishment  pending  appeal. 

Q.  What  limitations  are  placed  on  courts- 
martial  in  imposing  punishments  on 
soldiers? 

A.  1.  Punishing  by  branding,  tattooing  or 
marking  the  body,  or  by  flogging  is 
prohibited. 

2.  The  following  have  been  discarded: 
Carrying  loaded  knapsack;  wearing 
irons  ;  shaving  the  head ;  placarding ; 
pillory ;  stocks,  and  tying  up  by  the 
thumbs. 

3.  Military  duty  as  a  form  of  punishment 
tends  to  degrade  duty  and  is  to  the 
prejudice  of  the  best  interests  of  the 
service.  Punishment,  such  as  imposing 
tours  of  guard  duty,  requiring  a  sol- 
dier to  blow  all  calls  for  a  period  of 
time,  are  not  imposed. 

4.  Solitary  confinement  on  bread  and 
water  diet,  and  the  placing  of  a  prisoner 
in  irons,  are  regarded  as  a  means  of 
enforcing  prison  discipline.  They  are 
not  to  be  imposed  by  a  court-martial 
as  a  punishment. 

Q.  Where  are  the  limits  of  punishment  that 
may  be  imposed  by  a  court-martial  tipon 
a  soldier  on  conviction  to  be  found? 

A.  The  latest  executive  order  on  the  subject 
became  operative  on  March  1st,  1917, 
as  to  offenses  committed  on  and  after 
that  date,  and  as  to  criminal  acts  com- 
mitted prior  to  that  date,  whose  maxi- 
mum punishment  was  not  prescribed  in 
the  Executive  Order  of  September  5th, 
1914,  published  in  G.  O.  No.  70.    This 


order  remains  operative  as  to  offenses 
committed  before  March  1st,  1917,  ex- 
cept as  to  criminal  acts  w^hose  maxi- 
mum  punishment  has   been   decreased 
by  this  order. 
Q.  What  are    the   general   limitations  with 
regard  to  the  punishment  that  a  court- 
martial  may  impose  on  a  soldier? 
A.  1.    A  court  shall  not,  by  a  single  sentence 
which    does    not    include    dishonorable 
discharge,   adjudge   against   a    soldier: 
(a)  Forfeiture    of    pay    at    a    rate 
greater  than  two-thirds  of  his 
pay  per  month. 
(&)  Forfeiture  of  pay  in  an  amount 
greater  than  two-thirds  of  his 
pay  for  six  months, 
(c)  Confinement  at  hard  labor  for  a 
period  greater  than  six  months. 
2.  A  court  shall  not,  by  a  single  sentence, 
adjudge  against  a  soldier: 

(a)  Detention    of    pay    at    a    rate 
greater  than  two-thirds  of  his 
pay  per  month. 
(&)  Detention  of  pay  in  an  amount 
greater  than  two-thirds  of  his 
pay  for  three  months, 
(c)  Hard  labor  without  confinement 
for  a  period  greater  than  three 
months. 
Q.  May  general  prisoners  be  tried  by  sum- 
mary  court? 
A.  They  may. 

Q.  May  the  sitmmary  court  officer  be  chal- 
lenged by  the  accused? 
A.  The  summary  court  ofificer  is  not  subject 

to   challenge. 
Q.  What  is  the  limit  of  punishment  that  may 
be  imposed  upon  a  soldier  by  the  sum- 
mary court? 
A.  Not  to  exceed  confinement  at  hard  labor 
for  three  months,  or  forfeiture  of  three 
months'  pay,  or  both ;  and,  in  addition 
thereto,  reduction  to  the  ranks  in  the 
cases  of  noncommissioned  officers,  and 
reduction  in  classification  in  the  cases 
of  first-class  privates. 
Q.  When  the  summary  court  officer  is  also 
the  comtnanding  officer,  what  action  is 
necessary  with  respect  to  a  sentence  of 
the  summary  court? 
A.  No    sentence    of    such    summary    court- 
martial,  adjudging  confinement  at  hard 
labor  or  forfeiture  of  pay,  or  both,  for 
a  period  in  excess  of  one  month,  shall 


Night   Operations 


53 


be    carried    into    execution    until    the 

same   has   been    approved   by    superior 

authority. 
Q.  What    are    the    functions    of    suimnary 

courts-martial  f 
A.  1.  Power  to  administer  oaths. 

2.  To  hear  and  determine  cases  and,  when 

satisfied   of   the   guilt   of   the   accused 

party,   to   adjudge   the   punishment   to 

be  inflicted. 
The  following  is  the  procedure  in  the  in- 
stitution  and   conduct   of   a   trial   before   a 
summary  court-martial : 

1.  A  summary  court  officer  is  appointed 
in  every  command  by  the  commanding 
officer  thereof,  either  in  formal  orders 
or  verbally.  This  officer  is  usually  the 
officer  next  in  rank  to  the  commanding 
officer,  but  may  be  any  officer  whom 
the  commanding  officer  selects. 

2.  A  soldier  commits  an  offense  for  which 
he  may  be  properly  tried  by  summary 
court.  Charges  and  specifications  are 
preferred  against  him  on  the  blank 
forms  provided  for  that  purpose. 
These  charges  are  made  in  triplicate 
and  forwarded  to  the  commanding 
officer  for  his  action.  They  are  usually 
handed  in  at  the  adjutant's  office  with 
the  morning  report,  but  may  be  sub- 
mitted  at   any  time. 

3.  The  charge   sheet  contains : 

1.  The  name  and  rank  of  the  accused. 

2.  Statement   of   service. 

3.  Date  of  arrest  or  confinement. 

4.  Number   of   previous    convictions. 

5.  Witnesses  for  the  prosecution  and 

defense. 

6.  A  statement  of  the  charge. 

7.  A  statement  of  the  specification. 

8.  Signature  of  the  officer  preferring 

the  charges. 

4.  The  commanding  officer  determines 
whether  or  not  the  case  shall  be 
brought  to  trial  and,  when  trial  is  de- 
cided upon,  the  charges  are  forwarded 
by  indorsement  to  the  summary  court 
officer,  the  indorsement  being  signed  by 
the  adjutant. 

5.  The  summary  court  usually  sits  at  a 
stated  hour  daily,  except  Sunday  (no 
legal  objection  to  sitting  on  Sunday), 
at  such  time  as  will  least  interfere  with 
the  training  of  troops.  The  accused 
and  all  witnesses  are  ordered  to  appear 


at  the  specified  time,  and  the  trial  pro- 
ceeds much  in  the  manner  of  civil 
police  courts. 

6.  The  accused  is  brought  before  the  sum- 
mary court  officer,  who  reads  the 
charges  and  specifications  to  him  and 
calls  upon  him  to  plead  to  same.  The 
plea  is  usually  "  guilty  "  or  "  not  guilty." 

Note. — When  the  accused  pleads  guilty  the 
summary  court  officer  will  explain  to  him : 
(o)   Tlie    elements    constituting    the 
offense  to  whicli  he  has  pleaded 
guilty,  and 
(b)  The       maximum        punishment 
therefor. 
He  will  ask  him  whether  he  fully  under- 
stands : 

(o)  That  by  pleading  guilty  thereto, 
he  admits  all  the  elements  of 
the  crime  or  offense,  and 
(b)  That  he  may  be  punished  as  ex- 
plained above. 

7.  Witnesses  for  the  prosecution  are 
called  and  sworn  by  the  summary  court 
officer,  who  conducts  the  direct  exami- 
nation, after  which  the  accused  is  per- 
mitted to  cross-examine.  These  are 
followed  by  the  witnesses  for  the  de- 
fense, who  are  likewise  sworn  and 
examined.  The  accused  may  then  be 
sworn  as  a  witness  in  his  own  behalf, 
make  a  statement  and  be  cross- 
examined  by  the  summary  court,  or  he 
may  make  an  unsworn  statement,  in 
which  case  he  is  not  subject  to  cross- 
examination. 

8.  After  all  the  evidence  has  been  pre- 
sented in  the  case,  the  summary  court 
officer  arrives  at  a  finding  and  enters 
the  same  in  the  appropriate  space  on 
the  blank  form.  This  is  followed  by 
the  sentence  he  imposes  on  the  accused, 
in  case  of  a  finding  of  guilty.  He  then 
signs  the  blank  at  the  place  provided 
for  his  signature. 

9.  The  blanks,  thus  completed,  are  turned 
in  to  the  adjutant,  who  examines  the 
finding  and  verifies  the  sentence  to  see 
that  it  is  not  in  excess  of  the  limit 
prescribed  in  the  executive  order  of  the 
President,  and  submits  them  to  the 
commanding  officer  for  his  action. 

10.  If  the  commanding  officer  concurs  in 
the  sentence,  he  approves  the  same  by 
affixing  his  signature  and  dating  it  at 


54 


Night  Operations 


the  appropriate  place  on  the  blank,  and 
the  record  of  the  court  is  complete  and 
the  sentence  may  be  executed. 

11.  The  second  copy  of  the  blank  is  then 
completed  by  making  it  an  exact  copy 
of  the  original,  and  it  is  certified  as 
a  true  copy  by  the  adjutant. 

12.  The  original  is  filed  at  post  head- 
quarters and  forms  the  permanent 
record  of  cases  tried  by  summary  court. 
The  second  copy,  authenticated  by  the 
adjutant,  is  furnished  the  company 
commander  of  the  accused  and  forms 
the  company  record  of  the  trial.  The 
third  is  forwarded  to  the  officer  having 
general  court-martial  jurisdiction  over 
the  command. 

Q.  What  action  is  necessary  before  a  sentence 
of  a  court-martial  may  be  carried  into 
execution  f 

A.  It  must  be  approved  by  the  officer  ap- 
pointing the  court,  or  by  the  officer 
commanding  for  the  time  being.  The 
acquittal  of  the  accused  does  not  en- 
title him  to  be  released  from  confine- 
ment at  once.  The  acquittal  is  not 
eflfective  until  it  has  been  acted  upon 
by  the  proper  reviewing  authority. 

Q.  What  is  the  effect  of  a  disapproval  of  a 
finding  and  sentence  of  a  court-martial 
on  the  part  of  the  reviezving  authority? 

A.  A  disapproval  of  the  sentence  of  a  court- 
martial  by  the  reviewing  authority  is 
not  a  mere  expression  of  disapproba- 
tion, but  is  a  final  determinate  act 
putting  an  end  to  the  proceedings  in 
a  particular  case  and  rendering  them 
entirely  nugatory  and  inoperative;  and 
the  legal  effect  of  a  disapproval  is  the 
same  whether  or  not  the  officer  dis- 
approving is  authorized  finally  to  con- 
firm the  sentence.  But  to  be  thus 
operative,  the  disapproval  should  be  ex- 
pressed. The  effect  of  the  entire  dis- 
approval of  a  sentence  is  not  merely  to 
annul  the  same  as  such,  but  also  to 
prevent  the  accruing  of  any  disability 
or  forfeiture,  which  would  have  been 
incidental  on  approval. 

Q.  Hotv  are  general  court-martial  trials  of 
enlisted  men  published  to  the  service? 

A.  By  general  court-martial  orders,  promul- 
gated from  headquarters  of  the  officer 
authorized  to  convene  general  courts- 
martial. 


Q.  What  elements  does  a  G.  C.  M.  O.  con- 
tain? 

A.  So  much  of  the  proceedings  of  the  court 
as  will  give  the  charges  and  specifi- 
cations, the  pleas,  findings,  and  sen- 
tences, and  the  action  and  remarks  of 
the  reviewing  authority  on  the  case.  If 
the  charges  contain  matter  unfit  for 
publication,  it  will  be  omitted  from  the 
order. 

Q.  In  what  case  is  the  confirmation  of  the 
President   required? 

A.  1.  Any  sentence  respecting  a  general 
officer. 

2.  Any  sentence  extending  to  the  dismissal 
of  an  officer,  except  that  in  time  of 
war  a  sentence  extending  to  the  dis- 
missal of  an  officer  below  the  grade  of 
brigadier-general  may  be  carried  into 
execution  upon  confirmation  by  the 
commanding  general  of  the  army  in  the 
field  or  by  the  commanding  general  of 
the  territorial  department  or  division. 

3.  Any  sentence  extending  to  the  supen- 
sion  or  dismissal  of  a  cadet. 

4.  Any  sentence  of  death,  except  in  the 
cases  of  persons  convicted  in  time  of 
war  of  murder,  rape,  mutiny,  deser- 
tion, or  as  spies,  and  in  such  excepted 
cases,  a  sentence  of  death  may  be  car- 
ried into  execution  upon  confirmation 
by  the  commanding  general  of  the 
army  in  the  field,  or  by  the  command- 
ing general  of  the  territorial  depart- 
ment or  division. 

Q.  What  is  meant  by  mitigation  of  punish- 
ment? 

A.  A  reduction  in  quantity  or  quality,  the 
general  nature  of  the  punishment  re- 
maining the  same. 

Q.  May  the  sentence  of  a  court-martial  be 
added  to  in  any  way? 

A.  Neither  the  reviewing  authority  nor  any 
other  officer  is  authorized  to  add  to 
the  punishment  imposed  by  a  court- 
martial. 

Q.  Under  what  circumstances  may  soldiers 
convicted  by  court-martial  be  confined 
in  a  penitentiary? 

A.  1.  Desertion  in  time  of  war. 

2.  Repeated  desertion  in  time  of  peace. 

3.  Mutiny. 

4.  When  the  offense  is  of  a  civil  nature, 
or  by  commutation  of  the  death  sen- 
tence. 


Night   Operations 


55 


5.  On  conviction  of  two  or  more  acts  or 
omissions,  any  one  of  which  is  punish- 
able by  confinement  in  a  penitentiary. 

Q.  What  is  fraudulent  enlistment? 

A.  An  enlistment  procured  by  means  of 
wilful  misrepresentation  in  regard  to  a 
qualification  or  disqualification  for  en- 
listment; or  by  intentional  concealment 
of  a  disqualification  which  has  had  the 
effect  of  causing  the  enlistment  of  a 
man  not  qualified  to  be  a  soldier  and 
who,  but  for  such  false  representation 
or  concealment,  would  have  been  re- 
jected. 

Q.  What  elements  must  be  proved  to  convict 
on  a  charge  of  fraudulent  enlistment? 

A.  1.  The  enlistment  of  the  accused  in  the 
military  service  as  alleged. 

2.  That  the  accused  wilfully  misrepre- 
sented a  certain  fact,  or  facts,  regard- 
ing his  qualifications  or  disqualifica- 
tions for  enlistment,  or  wilfully — that 
is,  intentionally — concealed  a  disquali- 
fication as  alleged. 

3.  That  enlistment  was  procured  by  such 
misrepresentation   or  concealment. 

4.  That  under  such  enlistment,  the  accused 
received  either  pay  or  allowances,  or 
both,  as  alleged. 

5.  Where  a  soldier  enlists  without  a  dis- 
charge, the  proof  should  include  the 
fact  that  at  the  time  of  the  alleged  en- 
listment the  accused  was  a  soldier,  and 
that  the  enlistment  was  entered  into 
without  a  regular  discharge  from  the 
former  enlistment. 

Q.  What  is  desertion? 

A.  An  absence  without  leave,  accompanied 
by  the  intention  not  to  return.  Both 
elements  are  essential  to  the  offense. 
The  offense  becomes  complete  when 
the  person  absents  himself  without 
authority  from  his  place  of  service  with 
intent  not  to  return  thereto.  A  prompt 
return  and  repentence  are  no  defense, 
nor  is  it  a  defense  that  the  deserter  at 
the  time  of  departure  intended  to  re- 
port for  duty  elsewhere.  Thus,  a 
soldier  who  leaves  his  post,  intending 
never  to  go  back  unless  a  certain  event 
happens,  or  leaves  his  post  with  such 
intent  and  reports  at  another  post,  is  a 
deserter ;  but  unless  such  intent  exists 
at  some  time,  the  soldier  cannot  be  a 
deserter,  whether  his  purpose  is  to  stay 
away  a  definite     or  an  indefinite  time. 


Where  a  soldier,  without  having  been 
discharged,  again  enlists  in  the  army, 
or  in  the  militia  in  the  service  of  the 
United  States,  such  enlistment  is,  by 
the  twenty-ninth  article  of  war,  made 
sufficient  evidence  of  desertion.  In  such 
case,  proof  of  the  intent  to  stay  perma- 
nently away  from  his  former  place  of 
service,  and  the  status  of  absence  with- 
out leave  therefrom,  are  unnecessary. 

Q.  What  elements  must  be  proved  to  convict 
a  soldier  of  desertion? 

A.  1.  That  the  accused  absented  himself  or 
remained  absent  without  authority 
from  his  place  of  service  as  alleged. 

2.  That  he  intended,  at  the  time  of  absent- 
ing himself  or  at  some  time  during  his 
absence,  to  remain  away  permanently 
from  such  place. 

3.  That  his  absence  was  of  a  specified 
duration  and  was  terminated  as  alleged. 

4.  That  his  act  was  done,  if  so  alleged,  in 
the  execution  of  a  certain  conspiracj', 
or  in  the  presence  of  a  certain  outbreak 
of  Indians,  or  of  a  certain  unlawful 
assemblage  which  his  organization  was 
opposing,  or  in  time  of  war.  where  the 
court  will  not  take  judicial  notice  of  the 
existence  of  a  status  of  war. 

5.  Where  the  soldier  enlisted  without  a 
discharge :  that  the  accused  was  a  soldier 
in  a  certain  organization  of  the  army, 
as  alleged ;  and  that  without  being  dis- 
charged from  such  organization,  he 
again  enlisted  in  the  army,  navy  or 
marine  corps,  or  some  foreign  army, 
as  alleged.  In  this  case,  proof  of  the 
absence  without  leave  and  of  the  in- 
tention not  to  return  become  unneces- 
sary. 

Q.  What  is  absence  without  leave? 

A.  When  any  person  subject  to  military  law 
is,  through  his  own  fault,  not  at  the 
place  where  he  is  required  to  be,  at  a 
time  when  he  should  be  there,  he  is 
said  to  be  "  absent  without  leave,"  or 
AWOL. 

Q.  What     elements     must     be     proved     in 

AWOL. 
A.  1.  Where  the  accused  fails  to  appear  or 
goes  from  a  place  of  duty : 

(o)  That  a  certain  authority  ap- 
pointed a  certain  time  and 
place  for  a  certain  duty  by  the 
accused,  as  alleged. 


56 


Night  Operations 


(b)  That  he  failed  to  report  at  such 

place  at  the  proper  time,  or, 
having  so  reported,  went  from 
the  same  without  authority 
from  any  one  competent  to 
give  him  leave  to  go. 
2.  Where  the  accused  is  charged  with 
absenting  himself  without  proper  leave : 

(c)  That  the  accused  absented  him- 

self from  his  command,  guard, 
quarters,  station,  or  camp  for  a 
certain  period,  as  alleged. 
(b)  That  such  absence  was  without 
authority  from  anyone  com- 
petent to  give  him  leave. 

Q.  Distinguish  between  arrest  and  confine- 
ment f 

A.  The  arrest  of  an  officer  has  been  com- 
pared to  an  enlargement  on  bail,  the 
security  being  the  officer's  commis- 
sion. It  is  for  this  reason  that  the 
punishment  for  breach  of  arrest  may 
include  dismissal.  The  distinction  be- 
tween arrest  and  confinement  lies  in 
the  difference  between  the  kind  of  re- 
straint imposed.  In  arrest  the  restraint 
is  moral,  imposed  by  the  orders  fixing 
the  limit  of  the  arrest,  or  by  the  terms 
of  the  Article. 

Q.  What  constitutes  breach  of  arrest? 

A.  The  offense  is  committed  when  the  re- 
strained person  infringes  the  limits  set 
by  orders,  or  by  the  69th  Article  of 
War.  The  intention  or  motive  that 
actuated  him  is  immaterial  to  the  ques- 
tion of  guilt,  though,  of  course,  proof 
of  inadvertence  or  bona  fide  mistake  is 
admissible  in  guiding  the  court  in  fixing 
punishment.  The  unlawfulness  of  the 
arrest  is  a  valid  defense,  but  innocence 


of  the  accusation  for  which  the  arrest 
is  imposed  is  entirely  irrelevant. 

Q.  What  elements  must  be  proved  to  convict 
of  a  breach  of  arrest? 

A.  1.  That  the  accused  was  duly  placed  in 
arrest. 
2.  That  before  he  was  set  at  liberty  by 
proper  authority  he  transgressed  the 
limits  fixed  by  proper  authority  or  by 
the  69th  Article  of  War. 

Q.  What  is  a   countersign? 

A.  A  countersign  is  a  word  given  from  the 
principal  headquarters  of  a  command 
to  aid  guards  and  sentinels  in  their 
scrutiny  of  persons  who  apply  for  per- 
mission to  pass  the  lines. 

O.  What  is  a  parole? 

A.  A  parole  is  a  word  used  as  a  check  on 
the  countersign.  It  is  imparted  only  to 
those  who  are  entitled  to  inspect  the 
guards,  and  to  commanders  of  guards. 

O.  What  constitutes  the  offense  of  making 
known  the  countersign  and  parole? 

A.  The  class  of  persons  entitled  to  receive 
the  countersign  will  expand  and  con- 
tract with  the  varying  circumstances  of 
war.  Who  these  persons  are  will  be 
determined  largely,  in  any  particular 
case,  by  the  general  or  special  orders 
under  which  the  accused  was  acting.  It 
is  no  defense,  under  the  terms  of  this 
law,  that  the  accused  did  not  know  that 
the  person  to  whom  he  communicated 
the  countersign  or  parole  was  not  en- 
titled to  receive  it.  Before  imparting 
such  a  word  it  behooves  a  person  sub- 
ject to  military  law  to  determine  at  his 
peril  that  the  person  to  whom  he  pre- 
sumes to  give  the  countersign  or  parole 
is  entitled  to  receive  it. 


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Books  not  returned  on  time  are  subject  to  a  fine  of 

tn  «fnn^°''™^^^*^^  t'le  ^^^^^  day  overdue,  increasing 
to  $1.00  per  volume  alter  the  sixth  dav.  Books  not  in 
demand  may  be  renewed  if  application  is  made  before 
expiration  oi  loan  period. 


JUL  19  1917 

DEC  3   If.  . 
17  1i17 


NOV  4  \m 


OtS    30  1929 


50to-7.'16 


•ili 


Oaylord  Bros.  > 

Makers 

Syracuse    N.  Y. 

PAT.  JAN.  21.  I90S 


YD  13060 


'■■'. 
11 


357577 


UNIVERSITY  OF  CAUFORNIA  UBRARY 


o 
o 


o 


